Pubdate: Tue, 12 May 2015
Source: Globe and Mail (Canada)
Copyright: 2015 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: James Keller
Page: S1

DISPENSARY LICENCES LACK OVERSIGHT

City's approach adds confusion about laws surrounding medical marijuana access

At least 14 of Vancouver's more than 80 medical marijuana 
dispensaries either already have business licences or are awaiting 
approval, despite the city's claims it has been virtually powerless 
to exercise any oversight over storefronts that openly sell the drug.

The fact that some operations have been able to secure licences - 
some for as little as $2 by registering as community associations - 
is raising questions about the city's haphazard approach to the 
industry and whether dispensaries will feel compelled to follow 
strict new licensing regulations that could be in place by the end of the year.

The city is proposing a new class of business licence for 
dispensaries and other marijuana related businesses, restricting 
where they can operate and imposing a hefty $30,000 yearly licensing 
fees. Public hearings are expected later this spring.

Until now, the city's dispensaries have faced little consequence for 
ignoring the rules.

All of them are violating federal drug laws, both by illegally 
obtaining marijuana and then selling it to consumers. Only a small 
handful have business licences of any kind.

"If you or I tried to start a business selling straw hats, then the 
bylaw officers would be around like lightning trying to find out why 
we're operating without a business licence and shut us down," says 
Rob Gordon, a criminology professor at Simon Fraser University in 
Burnaby, east of Vancouver. "So what's the difference?" Dr. Gordon 
said the city's approach only adds to the confusion about the laws 
around medical marijuana access.

The city has repeatedly said in the past it does not have a business 
licence category for marijuana dispensaries, leaving it with few 
options to control their growth.

However, a city database indicates seven dispensaries already have 
business licences. Four of those, including CanMed Wellness and Eden 
Medicinal Society, are registered as retail stores, having paid 
registration fees ranging from $133 to $288. Three others, including 
Canna Clinic Medicinal Society, are listed as community associations 
and paid a $2 fee.

Seven other dispensaries, all registered as community associations, 
have licences listed as "pending."

City of Vancouver spokesman Jason Watson acknowledged in a written 
statement that several dispensaries currently have business licences, 
though all will be required to reapply under the new rules. Mr. 
Watson did not explain why those licences were handed out in the 
first place or what requirements the businesses had to satisfy before 
they were approved.

Councillor Kerry Jang, who has overseen the marijuana file for the 
governing Vision Vancouver party, declined to comment while the issue 
is before public hearings.

Mr. Jang has previously suggested dispensaries with business licences 
may have obtained them under false pretenses.

Some have vague names, such as Red Med, but others such as Point Grey 
Cannabis, which paid $174 for a retail licence this past February, 
leave less to the imagination.

Councillor Elizabeth Ball of the Non-Partisan Association, who was 
the lone councillor to vote against sending the issue to public 
hearings, said the city's dispensaries have been able to expand due 
to "benign neglect."

She said it's difficult to predict how well the new system will work, 
given the city's inconsistent approach to dispensaries until now.

"So are they [the new licences] going to be worth the paper they're 
printed on?" said Ms. Ball, who stressed that she was not against the 
idea of medical marijuana.

A report delivered to city council last month says the rules would be 
enforced through ticketing, fines of up to $10,000 a day, court 
injunctions and prosecutions. A number of city departments would be 
involved, as would the local health authority and the fire department.

The Vancouver Police Department, which has treated dispensaries as a 
"low priority" and intervened only in response to public safety 
concerns, such as sales to minors, says it does not plan to change 
its strategy and won't be involved in enforcing the new licensing 
rules. It has previously raided nine dispensaries.

Dana Larsen, a marijuana advocate who runs two dispensaries - neither 
of which is licensed - says he "absolutely" intends to participate in 
the new licensing system and he predicted others will as well.

"My goal is not to have anarchy but to have a regulated system for 
marijuana access for all Canadians," said Mr. Larsen.

"I may not like all the specific regulations they're putting in 
place, but over all, I think it's important. And it's not tenable for 
it to continue the way it is."
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MAP posted-by: Jay Bergstrom