Pubdate: Fri, 19 Jun 2015
Source: Vancouver Courier (CN BC)
Copyright: 2015 Vancouver Courier
Contact:  http://www.vancourier.com/
Details: http://www.mapinc.org/media/474
Author: Mike Howell

NO CONVICTIONS IN POT SHOP RAIDS

VPD Targeted Seven Dispensaries in 18 Months

The business of investigating and prosecuting illegal marijuana 
dispensaries in Vancouver has yet to result in the successful 
prosecution of any suspects whom police arrested over an 18-month 
span while executing nine search warrants at city pot shops.

In examining court records and conducting interviews with Vancouver 
police, the Public Prosecution Service of Canada and a dispensary 
operator, the Courier learned that only three people were charged in 
connection with raids on two pot shops.

In the other investigations, prosecutors are reviewing whether to 
approve charges in three busts and police are waiting for analysis of 
evidence in another three cases before recommending charges to the 
federal Crown office.

Police executed the nine warrants between October 2013 and April 
2015. Three of the warrants were associated to the Real Compassion 
Society at 151 East Hastings, which continued to operate this week. 
Police were there in October 2013, December 2013 and August 2014.

Warrants were not immediately available for the Courier to view and 
believed to be sealed. However, the VPD issued a news release Oct. 
25, 2013 saying "drug investigators do not believe that the operators 
of this dispensary were intent on providing any type of medical 
service but, instead, were allegedly trafficking in significant 
amounts of marijuana for financial gain."

Even with that observation almost two years ago, it wasn't until 
April of this year that prosecutors approved two counts of 
trafficking against David Luke Bauman. No date has been set for 
trial. Prosecutors also approved drug charges in April against Joseph 
William Fortt and Dayna Christiansen in connection with a warrant 
served June 23, 2014 at Weeds Glass and Gifts, 2580 Kingsway. They're 
also awaiting trial.

Though it appears the wheels of justice are moving slowly in the 
investigations, both police and the prosecution service say the cases 
are complex, time-consuming, require a lot of paper work and involve 
sending evidence for analysis to Health Canada.

"It takes the time it takes," said Dan Brien, director of 
communications for the Public Prosecution Service of Canada, which is 
the federal office responsible for prosecuting drug cases on behalf 
of the Government of Canada. "Before charges are approved, there 
might be some back and forth between police and Crown while we assess 
a file to make sure that there's sufficient evidence."

Brien declined to discuss the specifics of each case but said 
prosecutors will only approve a charge if the evidence supports the 
prospect of a conviction. Then the Crown decides whether it's in the 
public's interest to proceed with a prosecution, he said.

Asked whether the ever-changing laws related to marijuana are 
considered when proceeding with charges, Brien said "decisions of the 
Supreme Court are always taken into consideration but I can't speak 
to specifics." Last week, the Supreme Court of Canada ruled that 
prohibition of edible marijuana goods such as cookies violates the 
Canadian Charter of Rights and Freedoms.

Added Brien: "We prosecute the cases that are brought before us. We 
defend the law as it is."

Const. Brian Montague, a VPD media liaison officer, said a great deal 
of time and resources are involved in busting a dispensary. Montague 
said there's a perception "that we can just walk into a store that's 
selling illegal products, take everything, arrest the individual 
behind the counter and board up the business. Clearly, that's not the case."

Police have to first gather evidence to obtain a search warrant 
before conducting a raid, he said, adding that can involve 
informants, undercover operators and observations made about 
operators and customers.

"There's a whole host of tactics that we have to use to make sure the 
investigation is done properly, so when it does go to court, we don't 
set bad case law and search warrants [get] tossed out," said 
Montague, noting exhibits in drug cases are sent to Health Canada for 
analysis. "That takes a great deal of time, too. And until we get 
those reports back, we don't forward a report to Crown and, of 
course, Crown can't take it to court without an analysis certificate."

That said, the VPD is on record of saying investigating pot shops is 
not a top priority for the department's drug unit. Former police 
chief Jim Chu also floated the idea when he was president of the 
Canadian Association of Chiefs of Police to ticket a person for 
possession of marijuana, instead of making an arrest.

In March 2014, the VPD issued a public statement saying it "has taken 
and will continue to take, in the face of amended marijuana laws, a 
priority based approach to the enforcement of those laws." The VPD's 
drug unit says its priorities include targeting violent street and 
mid-level drug dealers, violent gang members involved in the drug 
trade, dealers who prey on vulnerable people and dealers who sell 
heroin, cocaine and methamphetamine.

"For the most part," the VPD's statement said, "medical marijuana 
dispensaries operating today in Vancouver do not meet these criteria."

That didn't stop police from busting Budzilla Cannabis Edibles and 
Butters, 2267 Kingsway, on the morning of Sept. 2, 2014. Rej Houle, 
managing director of the co-op that operates Budzilla, said he was 
baking marijuana-infused cookies when about 20 police officers raided 
his dispensary.

"Literally, 20 guys came in and I was making cookies," Houle said. 
"It was way overkill."

Houle said police told him they were acting on a complaint and seized 
cash, computers, marijuana and cannabis-infused goods such as 
candies, hand cream and massage oil in the execution of the search 
warrant. Police arrested Houle, took him to the department for two 
hours for questioning and then released him.

Houle, who re-opened his shop after being released, said police told 
him he was still under investigation, although he has no information 
to conclude he will be charged. He said police accused him of being a 
drug dealer but Houle said he operates a non-profit business that 
provides medicinal cannabis for people with illnesses.

"Even after the raid, I'm not mad at the police or anything like that 
- - they're strictly doing their job, just like I'm doing my job," he 
said, noting there is growing support from politicians and others for 
legalizing and controlling the sale of cannabis. "It's people's 
perceptions and opinions. And nowadays, those perceptions and 
opinions are in our favour. So it's a different playing field than 
the federal government thinks. What I'm trying to say is Vancouver is 
not Ottawa."

Though he acknowledged "some bad apples" are associated to 
dispensaries, Houle said charges against other operators are viewed 
by cannabis advocates as more symbolic than criminal. Eventually, he 
said, being charged with possession of marijuana "will be a thing of the past."

"I'm saying this because being charged with possession is the 
equivalent to jaywalking," Houle said.

Police last served a warrant on a pot shop April 29, 2015 at Weeds 
Glass and Gifts, 2916 West Fourth Ave. That's where police said a 
15-year-old was hospitalized after allegedly purchasing edible 
products from the store. Other "events involving young people" were 
also reason for executing the search warrant, according to police.

Don Briere, who co-owns more than a dozen Weeds Glass and Gifts pot 
shops, told the Courier last month that his staff member did not sell 
to the teen and doesn't know how he obtained the product. He said 
none of his stores sell to minors, although he surmised an adult 
could have bought the product for the boy.

"If it was a client that did that, then they should be charged and we 
will ban that person from our stores forever," he said, noting the 
store re-opened about 48 hours later. "But it's all hearsay and there 
were no charges."

Customers and staff at the store were identified and released pending 
further investigation, which could end in charges, police said after the raid.

The Courier's review of the nine warrants comes as city council 
considers a staff proposal to regulate Vancouver's pot shops. It's an 
unprecedented move by a Canadian municipality, with the city calling 
for a ban on edibles, a $30,000 annual licensing fee, criminal record 
checks and pot shops restricted from operating within 300 metres of a 
school or community centre.

Houle said he supports some form of regulations but doesn't believe 
the city has a case in banning edibles since last week's Supreme 
Court of Canada decision. As a non-profit, he said, a $30,000 licence 
fee is too expensive.

Health Minister Rona Ambrose criticized the city for proposing the 
regulations and pointed the finger at the VPD for not shutting down 
the 90-plus dispensaries. None of the dispensaries are licensed by 
Health Canada, endorsed by a medical body or associated to any 
legitimate health service provider.

The public hearing on the city's proposal to regulate pot shops 
resumes June 22 at 6 p.m.
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MAP posted-by: Jay Bergstrom