Pubdate: Thu, 05 May 2016
Source: Chilliwack Times (CN BC)
Page: A1
Copyright: 2016 Chilliwack Times
Contact:  http://www.chilliwacktimes.com/
Details: http://www.mapinc.org/media/1357
http://www.chilliwacktimes.com/news/378034011.html
Author: Paul J. Henderson

COUNCIL SNUFFS OUT ANY HOPE FOR WEED DISPENSARY

Where proponents of a medical marijuana dispensary see an act of civil
disobedience in defiance of unjust laws, Chilliwack city council
members simply see illegal activity.

And they say "no."

The WeeMedical Dispensary Society opened its doors on Fifth Avenue on
March 19, but even before that they were warned by city lawyers about
what they were doing wrong.

Two openings, two police raids and $44,000 in fines later, the woman
behind the operation is still defiant.

"This is quite disappointing but I'm not really shocked," society
director May Joan Liu said Tuesday outside city hall.

"This is not the end of us."

Liu was at council's regular twice-monthly Tuesday afternoon meeting
for a "reconsideration hearing," which basically amounted to a
presentation by Liu, followed by a brief council discussion and a
unanimous vote to not issue a business licence.

But while city council and the Chilliwack RCMP have been firm that the
operation was in violation of the city's zoning bylaw and business
licence bylaw, as well as the federal Controlled Drugs and Substances
Act (CDSA), Chilliwack's reaction has so far been harsher than every
other municipality.

WeeMedical has dispensaries in Nanaimo, Port Alberni, North Vancouver,
Sechelt as well as several in Toronto and elsewhere, yet none have
been shut down as quickly or even fined.

"I'm really shocked that our dispensary has been shut down . . . and
our landlords have been persecuted for leasing the space out to us,"
Liu said. "None of the other landlords of any other dispensary have
been persecuted in this way."

Liu added that none of the 16 WeeMedical dispensaries in B.C. and
Ontario have been fined and the only other one to be raided, in
Campbell River, is back open again. She added that even during that
raid, police didn't confiscate edibles nor destroy signage, as they
did here.

As soon as the Chilliwack dispensary opened, both the society and the
landlords were fined $1,000 a day by the city. So far those fines come
to $44,000, $22,000 to the society and $22,000 to the landlords David
Andre and Brian Elderkin, but none have been paid and WeeMedical has
no intention of paying them.

At Tuesday's meeting, Liu was allowed a 10-minute presentation to
council about why the business licence should be reconsidered.

She said the never had any intention of breaking any rules, they
operate as a society so they don't need a business licence, and since
there are no zoning bylaws in Chillliwack to allow for marijuana
dispensaries, they hoped city hall would make some and opt for
regulation as other communities have.

Liu said they have 700 signatures on a petition, which illustrates a
demand for a dispensary in town. And she said the severe police
response made no sense.

"There are no victims of crime in this case," Liu said, adding the
fines amounted to "intimidation and bullying."

"Where is the justification on fining $2,000 a day for a zoning
infraction?"

Speaking to the recommendation before council to reject the business
licence reconsideration, Coun. Sam Waddington expressed the most
uncertainty on the file, but he did say that the city may pay for
policing but council can't direct the RCMP.

"Even if we grant a business licence today the RCMP have the
authority, because it is a criminal code offence, to continue to raid
your business and we have no control over that," he said.

Coun. Jason Lum suggested city staff needed to do some research to get
ahead of the coming federal legislative changes so the municipality
can implement regulations quickly if and when marijuana is legalized.
But he added that the dispensary is just "too early."

Mayor Sharon Gaetz pointed to the situation in Vancouver as an
unenviable one, but focused most of her attention on the so-called
"jumping the queue" by WeeMedical.

"I've been approached by several marijuana growers who wish to open a
business too but will not," she told Liu. "They feel it is unfair that
one company has opened up when it is not legal to do so. . . . I think
you just jumped the queue."

Liu, who was not allowed to respond to council, rejected that notion
outside the meeting.

"You look at other municipalities, there are dispensaries in almost
every [one]. So how are we jumping the queue?"

Despite the staunch opposition faced so far, Liu said they still
planned to open up again as a further "act of civil disobedience." 
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MAP posted-by: Jo-D