Pubdate: Wed, 07 Oct 2015
Source: Victoria Times-Colonist (CN BC)
Copyright: 2015 Times Colonist
Contact: http://www2.canada.com/victoriatimescolonist/letters.html
Website: http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Author: Cindy E. Harnett
Page: A1

ESQUIMALT CLOSES THE DOOR ON POT SHOPS BY VOTING TO DENY BUSINESS LICENCES

Esquimalt will deny all applications for business licences for
medical-marijuana dispensaries after a 6-1 council vote Monday.

Mayor Barb Desjardins said Tuesday the vote was based on the fact the
dispensaries are illegal under federal law, and until that law
changes, dispensaries looking to set up in the municipality will be
referred to bylaw enforcement and Victoria police.

"Everyone felt if the federal law changed, then there would be that
opportunity in the future, but with the current law the way it is, we
need to follow it," Desjardins said.

There has not been an application for a dispensary in Esquimalt, but
an inquiry provoked the issue. Staff recommended council deny all
applications.

An ongoing court challenge of Ottawa's medical-marijuana laws has
created uncertainty around pot shops. In the meantime, they are
proliferating.

Pot dispensaries are one of the fastest-growing businesses in
Victoria.

Following Vancouver's lead, Victoria city staff have been asked to
draft business and zoning regulations for them that could include
licence fees and a ban on minors on the premises.

In late September, delegates at the Union of B.C. Municipalities
convention voted in favour of a resolution asserting they have the
power to regulate pot dispensaries.

Victoria Mayor Lisa Helps said the city has 20 unregulated
dispensaries, but there might not be as many once a "regulatory
regime" is in place.

Helps said she was happy to see the decision by Esquimalt
council.

"Quite frankly, I think it will [be] very interesting to have two
municipalities side-by-side taking different approaches," she said.
"Now we're doing two pilot projects, not just one, basically."

Helps said she hopes to see a report by November that addresses things
like bylaw changes, the cost of business licences and how far apart
dispensaries should be.

Security might also be an issue to consider, she said.

Saanich Mayor Richard Atwell said he hasn't discussed medical
marijuana dispensaries with his council. "I hear that people want to
come to Saanich, but as of yet, we haven't received any applications,"
he said.

A legal mail-order business for dispensing medical marijuana is
operating in Saanich.

"I think there's a constitutional right to medicine which is probably
going to prevail," Atwell said. "But at some point, the Ministry of
Justice may have to do something at the provincial level in
conjunction with the feds so that there's some autonomy and some
control here."

The province's municipalities joined Victoria and Vancouver in saying
they have the authority to license medical-marijuana dispensaries,
defying the federal government's opposition to regulation of the
illegal stores.

Desjardins said after attending the UBCM meeting and seeing the issues
that Victoria and Vancouver are grappling with concerning
dispensaries, she decided it was best to be proactive.

"They have significant challenges and until it's clarified, we will
just follow the law and be clear on our policy," Desjardins said.

She said the business-licence fees are eaten up in processing
costs.

Coun. Olga Liberchuk voted against the Esquimalt motion, saying she
wanted to wait until after the Oct. 19 federal election to decide.
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MAP posted-by: Matt