Pubdate: Tue, 30 Jun 2015 Source: Vancouver Sun (CN BC) Copyright: 2015 Postmedia Network Inc. Contact: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Ian Mulgrew Page: A4 CITY'S POT BYLAW ONLY BENEFITS CRIMINALS Blowing Smoke: With No Legal Supply and No Tax Regime, Regulation Just Muddies the Water Vancouver City Council and the police department have clouded the national debate on cannabis with their approach to pot and are pumping money into the pockets of organized crime. Anyone who has followed the controversy about marijuana since the heyday of the Le Dain Commission can only shake his or her head at the lack of common sense. Every intelligent person who has studied marijuana and the laws that criminalize it has concluded the century-old prohibition should end and the easily cultivated weed more appropriately regulated to help the sick and stop the imprisonment of our kids. Vancouver is neither promoting those goals nor helping resolve the current conflict over the federal government's misguided approach to pot. Instead, council is blowing smoke trying to hide its failure to shut down drug traffickers who operate supposed "medical dispensaries" or demand the reform of a bad law. There is no legal supply for any of the 100 or so shops in the city - none. The only suppliers are supposed mom-and-pop scofflaws or organized criminals - ask Amsterdam with its gang problems how that has worked. It is a myth that the cannabis retailers operating in Vancouver are paying appropriate taxes or are somehow not fuelling violence and crime. What's the tax rate on pot? Same as tobacco? Liquor? What are producers paying in tax? There is no tax regime or court ruling in place - that allows illegal growers and traffickers to pay what they think Ottawa deserves for an illegal product. The opaque nature of these operations means there is no believable paperwork or auditing in place: If the provincial Liberals don't keep emails, why would pot dealers keep records of subterranean illegal suppliers? And it seems foolish to think that if they register as non-profits, somehow they become transparent and OK. Nothing could be further from the truth. But I guess we should just trust to be honest people who ignore the criminal law. Police Chief Adam Palmer admits all this, but says he's more concerned about the "violence" associated with heroin and cocaine. Does he really think there are two types of gangsters in this town - those selling heroin and cocaine and those dispensing pot? That one group is better than the other? Or doesn't he get it that the money made from the low-hanging cannabis fruit pays for the soldiers and street dealers pushing other drugs? The city's stance on that shows what little thought went into the new bylaw. Barely days earlier, the Supreme Court of Canada exposed the stupidity of the federal ban on non-smoking and highly concentrated cannabis medication by striking it down. I guess council and city manager Penny Ballem, who still calls herself a doctor, didn't notice - the city bylaw approves only stores selling bud for smoking. Let's be clear, there are dispensaries supplied by standup guerrilla growers serving appropriate medical patients - but they are a minority. Most are selling pot to people who want to get high or who want to self-medicate symptoms with scant supporting medical evidence. There would be nothing wrong with that, if there were a level playing field for all investors instead of a market open to only the brazen who are willing to thumb their nose at the Criminal Code. The bylaw mocks investors who played by the rules and pumped millions of dollars into authorized production companies to supply legal patients. One approved Nanaimo firm has already fired dozens of employees. Less than three months into the new corporate medical program and they must restructure that severely? Gee, I wonder why? Vancouver council, stand up and take a bow! The bylaw allows unfair competition from people who don't have to declare their ownership, file proper tax returns, be properly inspected or meet security protocols. Our criminal cannabis laws need to be eliminated and a new legal regulatory regime established, something akin to what Colorado (not Washington) has done. This province and the country need to begin moving forward with a real discussion about the best system to adopt. Vancouver is doing nothing to achieve or promote that goal. In fact, it is mischievously helping frustrate it by muddying the water. Our drug laws come from early in the last century and were the product of misguided, racist policies against immigrants from China and Mexico - they did not deal with health concerns. The city bylaw does not address the injustice of ill-conceived criminal sanctions that have failed miserably, does nothing to help real patients get cheaper or better medication and does nothing to reduce gang profits and the attendant violence. It exacerbates an already bad situation by encouraging those with the chutzpah to jump into the business and make their profits in spite of federal drug laws. It does nothing to promote better health or a more civil society. With its laughable $30,000 licensing fee, it is a cash grab at best and, at worst, simply irresponsible. - --- MAP posted-by: Jay Bergstrom