Pubdate: Mon, 18 May 2015
Source: Ottawa Sun (CN ON)
Copyright: 2015 Canoe Limited Partnership
Contact: http://www.ottawasun.com/letter-to-editor
Website: http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Aedan Helmer
Page: 4

WHERE THERE'S SMOKE ...

.. there's confusion, at least as far as pot laws are concerned

Two weeks have passed since Mayor Jim Watson took his well-publicized
pot-shots at the BuzzOn lounge, the latest and most visible addition
to the city's burgeoning marijuana industry.

But while Watson called on police to "enforce the laws if laws are
being broken," police have said little publicly about the Montreal Rd.
vape shop, where members pay a fee for the privilege to puff.

When asked where a vape lounge would rank in enforcement priorities-
from street-level dealing to illegal grow-ops to illicit lounges- a
police spokesman declined, saying, "... The matter is still under
investigation and thus there will be no comments at this time."

It wasn't police intervention that shut down BuzzOn. It was the city
that served a cease-and-desist order, levying a $3,000 fine in saying
the property owner at 29 Montreal Rd. failed to comply with a number
of building code regulations. Co-owner Wayne Robillard is vowing to
reopen after renovations.

While BuzzOn claimed to be the first of its kind in the city, similar
establishments have been operating for years in Toronto, where at
least a dozen vape shops are running without any hassle from police.

In Vancouver, vape shops are old hat, with that city's pot
entrepreneurs taking up the far more lucrative trade of marijuana
dispensaries, with at least 80 such enterprises operating openly.

Here in Ottawa, an early experiment with a medical marijuana
dispensary didn't make it through its first month, as Ryan Levis
opened his Greater Ottawa Health Advocacy Centre on Somerset St. in
July 2013, and hastily closed up shop under threat of a police
investigation.

And while the city stepped in to shutter BuzzOn Friday over building
code violations, the Smoke Signalz head shop quietly opened a small
vape lounge three months ago, with a steady stream of customers all
signing waivers claiming to have a medical licence to smoke pot, and
without a single word from police or City Hall.

But while Watson's comments were black-and-white-"If people are
consuming and smoking and exchanging illegal products then police
should lay charges," he said in April-the police union says frontline
officers are caught between the letter of the law and the pull of
public opinion.

"I know the Mayor has made comments suggesting this is strictly a
police matter, but (police) take our direction quite keenly from the
public as well, and I don't think anyone can deny that marijuana use
has been front and centre (in the debate) over whether or not it's a
criminal offence any longer," said Ottawa Police Association president
Matt Skof.

University of Ottawa law professor Eugene Oscapella, a renowned expert
and advocate for drug policy reform, can sympathize with the police
predicament.

"I don't fully understand the Mayor's position on this, and he may
have valid reasons for wanting to shut this (BuzzOn) place down, but I
haven't heard them," said Oscapella.

"Communities adjust to the presence of these things, and if there
isn't trafficking happening, and if there isn't a lot of nuisance
attached, then why would people in the community be bothered by it?
And therefore why would the police be called in for it?

"The police have more important things to deal with."

With police already operating with such limited resources, said
Oscapella, when it comes to pot, priorities should be placed elsewhere.

"If we're going to spend the resources, then let's spend them on
protecting people against real harm, not something that's a relic of
prejudice from decades ago," said Oscapella.

"But public opinion has been way ahead of the law on that for some
time now. And from a practical point of view, police would probably be
more worried about a new bar opening up and having people spill out
into the streets at 2 a.m. getting into drunken fights and seriously
impaired driving."

While customers visiting a vape lounge with medical consent would
likely escape charges, those without legal authority to possess pot
"would still be at risk of being caught up in the law," said Oscapella.

"Simple possession is still a criminal offence, you would still have a
criminal record and the collateral consequences of a conviction are
still quite serious. So it's not the drug you worry about, it's the
drug policy."

Still, Oscapella said police have discretion in how they enforce the
laws, "And they probably wouldn't feel that good about going in there
and busting somebody for simple possession.

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[sidebar]

EDITOR'S NOTE

While the owner of Vanier's BuzzOn pot lounge is vowing to reopen
after claiming it was shuttered by City "strongarm tactics," Smoke
Signalz has been operating another so-called vape lounge, quietly and
hassle-free, just down the street.

Meanwhile, a Montreal Rd. medical building will welcome a new tenant
Tuesday as the Canadian Cannabis Clinics expand to a fourth Ontario
location, becoming one of the country's largest operators of clinics
specializing in medicinal cannabis.

In June, National Access Cannabis will expand from its B.C. roots to a
satellite office on Wellington St. West, offering fee-based
consultations over Skype with doctors open to prescribing pot.

One enterprising entrepreneur has his sights set on opening a medical
marijuana warehouse in an industrial park off St. Laurent Blvd.,
sending notices of intent in January to police, the fire service,
Mayor Jim Watson and city councillors.

The Hydropothecary, Quebec's only Health Canada-approved marijuana
grower, is set on a sprawling seven-building campus on an 80-acre
property near Masson, claiming the operation is "poised to be the
premium medical marijuana producer in Canada."

And 100 km west of the capital, the Tweed licensed marijuana grow-op
has now long been occupying 180,000 sq. ft. in the old Hershey plant
Smiths Falls, with the blessing of the federal government, shipping
its "medicine" across the country while helping rejuvenate a small
town's struggling economy.

Yes, the marijuana trade is blossoming in the Capital and it's no
longer restricted to the darkened corners.

And now with so many varieties of enterprise - in all legal shades of
grey - all manner of entrepreneur is emerging to grab a piece of the
booming business.
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MAP posted-by: Matt