Pubdate: Tue, 22 Sep 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: Kelly Sinoski
Page: A1

VANCOUVER 'PERFECT TEST CASE' FOR POT

Washington Lawyer Urges Municipalities to 'Take Action' Despite 
Federal Jurisdiction

Before pot was legalized in Washington state in 2012, a proliferation 
of illegal marijuana dispensaries had already popped up in Seattle.

Tonia Winchester, a U.S. lawyer who worked for a citizen's coalition 
to legalize the drug, points to parallels with Vancouver's situation, 
noting Seattle began issuing business licences to control the spread 
of illegal pot shops.

And even though pot is now legal in Washington, she says, it's still 
illegal in other parts of the U.S.

"Washington state is breaking federal law because it's still illegal 
for anyone to possess marijuana," she told delegates Monday at the 
Union of B.C. Municipalities convention in Vancouver. "The feds could 
go in every retail store and shut it down."

But she notes the U.S. police likely have bigger fish to fry, and 
other states such as Colorado, Oregon, Alaska and Washington, D.C., 
are legalizing pot. The same thing could happen in Canada, she said, 
noting Vancouver has already started the trend by regulating illegal 
pot dispensaries and others could follow suit by tightening up their 
land-use bylaws.

"It's not as clearcut as a federal issue only," Winchester said. 
"There is room for municipalities to take action and create 
regulations to support what's already happening, such as retail stores."

Saying she doesn't want to sound like a "Yankee revolutionary," 
Winchester said Canada in some ways is on the forefront of 
progressive marijuana policy because of its medical pot laws, and 
suggests the rules could be easily shifted for recreational users.

Vancouver is "the perfect test case," she added.

Her comments struck a chord among UBCM delegates, some of whom lauded 
Vancouver's actions, but were hesitant to take similar measures in 
their own communities, fearing retribution from the federal government.

Vancouver Coun. Kerry Jang acknowledged the city will likely be sued 
at some point, perhaps by dispensary owners who don't get a licence, 
but the city doesn't have many other options after the number of 
illegal pot dispensaries rose to 120.

Many of those illegal storefronts, he added, were splashed with signs 
featuring gorillas and promising candy floss, while the pot-sellers 
were also using scantily clad girls and youth on skateboards to 
advertise their wares.

"It's new ground, so we're taking chances," Jang said.

Jerry Hong, a councillor in Nanaimo, said he was heartened by the 
UBCM session, noting the number of pot dispensaries in his city has 
jumped to nine from two last year. Many dispensary owners want 
regulations, he said, because there are so many "fly-by-nighters" 
starting up who are out on the street waving flags to sell their products.

"It ruins their reputation," Hong said. "We'd like to see what we can 
do about it. I don't think we can wait. We'd like to the see the same 
rules (as Vancouver)."

Nanaimo is also home to Tilray, a federally licensed medical 
marijuana shop where people can only access the drug through the 
mail, not the storefront. In Fernie, meanwhile, many residents are 
asking for dispensaries or offering to open them, Coun. Jonathan Levesque said.

Levesque said he was intrigued by Winchester's proposal, saying it 
sounded like a "form of local government civil disobedience" that 
could potentially work. Nearby Kimberley has already allowed a 
compassion club - a non-profit dispensary - he said, and is 
considering a second one.

"There's a whole demand there for people who have a right (to medical 
marijuana)," said Levesque, who has a medical marijuana card and gets 
marijuana delivered to his door. "It's a little scarier for our 
smaller communities - there's concern for us to have the courage to 
take on what Vancouver is doing."

But, he added: "I don't know how we can ignore what's happening to 
the south of us."

B.C.'s municipal politicians voted at their 2012 convention to lobby 
Ottawa to decriminalize pot and study the benefits of taxing and 
regulating cannabis.
- ---
MAP posted-by: Jay Bergstrom