Pubdate: Thu, 28 Jan 2016
Source: Vancouver Courier (CN BC)
Copyright: 2016 Vancouver Courier
Contact:  http://www.vancourier.com/
Details: http://www.mapinc.org/media/474
Author: Mike Howell

VANCOUVER WON'T BE FIRST TO ISSUE POT SHOP LICENCE

Small southeastern B.C. town first in Canada to issue a business 
licence to an illegal marijuana dispensary

For almost a year now, the City of Vancouver has said that when it 
eventually issues a business licence to an illegal marijuana 
dispensary, it will be the first municipality in Canada to do so.

That history, according to city officials, could be made as early as 
the spring.

Except the city has either forgotten or wasn't aware what occurred in 
Kimberley last summer: the small southeastern B.C. town's council 
unanimously agreed to give Tamarack Dispensaries a business licence.

The roadside pot shop, which is located in a commercial area on the 
highway into Kimberley, has operated since July. And as far as 
Kimberley Mayor Don McCormick knows, it's the only dispensary in 
Canada with a licence.

"When council made the decision, our intent wasn't to be 
controversial, our intent wasn't to be first at anything," McCormick 
told the Courier by telephone this week. "What we were doing was 
supporting a local entrepreneur in a venture that had a market - and 
a market that wasn't being well served otherwise."

But McCormick, who is aware of Vancouver's efforts to bring some 
control to the growing pot shop industry in the city, was quick to 
point out the $100 licence granted to Tamarack is not tied to 
regulations like those drawn up in Vancouver. Those regulations 
include a dispensary not being within 300 metres of a school, 
criminal record checks for operators and employees, signing a "good 
neighbour" agreement and paying an annual licence fee of $30,000 for 
a retail outlet and $1,000 for a so-called compassion club.

"I can appreciate why Vancouver has gone down the regulatory road," 
said the mayor, recognizing that Vancouver has up to 100 illegal pot 
shops. "In similar circumstances, we may have done the same thing. 
But ours was a very clean environment where one entrepreneur came to 
the table with this particular business and we issued the licence."

That said, McCormick noted Tamarack's owners - Tamara and Rod Duggan 
- -- weren't simply given a business licence, as if they were operating 
a cafe. Initially, the Duggans' request for a licence was rejected 
because Kimberley's chief administration officer ruled the dispensary 
contravened federal laws.

The Duggans then argued their case before council, which has the 
authority to amend its bylaws. And that's what council did, said 
McCormick, adding "we just wanted to keep it really simple. So 
anybody else coming and wanting to get a business licence is going to 
have to go through exactly the same process. They just can't go to 
city hall and get a business licence."

The mayor said he has received no complaints about the dispensary in 
the town of 7,600 people. The only feedback has been "overwhelmingly 
positive," he added but acknowledged the Duggans' business could be 
shut down at any time because of its contravention of Canada's drug laws.

RCMP Cpl. Chris Newel, who is in charge of the Kimberley detachment, 
said via email that enforcement priorities are set in consultation 
with "local government, partners and citizens of the community." 
Newel said businesses operating in contravention of the Controlled 
Drugs and Substances Act and Health Canada regulations may be subject 
to investigation and criminal charges - a point made to the City of 
Kimberley and city council.

"They were made aware there is no legal mechanism in Canada which 
allows for medicinal marihuana dispensaries to sell marihuana to the 
public, regardless of whether or not the individuals have licences to 
possess marihuana," he wrote. "The RCMP is monitoring the business 
and liaises regularly with local government. To date, there has been 
no concerns expressed to the local RCMP detachment from individuals 
or other businesses."

Tamara Duggan said she was up front with the RCMP about the nature of 
her business before requesting a licence. The inspiration to open the 
dispensary, she said, is connected to an experience her husband had 
at the Vancouver Pain Management dispensary on Commercial Drive.

After suffering a serious leg injury in a workplace accident in 2011, 
Rod visited the Vancouver dispensary and bought some 
marijuana-infused product to treat his pain. At the time, doctors had 
taken him off painkillers to recover from several surgeries.

"It was the first time he tried marijuana edibles, and it was 
amazing," she said. "I, who had never really felt one way or the 
other about medical marijuana, became a convert instantly when I saw 
how it affected him."

Duggan said she has 300 members who visit her dispensary, which sells 
various strains of marijuana, edibles, tinctures and oils. All 
members are required to have a doctor's certificate, provide 
identification and must be an adult. She wouldn't say where she gets 
her products but said it is of the highest quality and tested in 
independent laboratories.

"Most people I talk to are very, very happy that the service is 
here," she said, noting the next nearest dispensary is in Nelson, 
about a four-hour drive.

The Courier told Vision Vancouver Coun. Kerry Jang that Kimberley is 
believed to be the first municipality in Canada to issue a business 
licence to a dispensary. Jang said he wasn't aware of Kimberley 
council's decision.

"That may be, but it doesn't really matter to me whether we're first 
or second," he said. "What's important is, as far as I know, that 
we're the first municipality in Canada to have a proper set of bylaws 
to manage dispensaries - an actual full category to manage this. We 
have actual regulations tied to health principles that nobody has 
ever done before."
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MAP posted-by: Jay Bergstrom