Pubdate: Mon, 23 May 2016
Source: Globe and Mail (Canada)
Copyright: 2016 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Authors: Jenna Valleriani & Viresh Fernando
Page: A9

WHY WE NEED TO CLEAR THE SMOKE OVER POT SHOPS

The federal Liberal government intends to fulfill its election promise
and legalize recreational use of marijuana across Canada some time
next year.

Meanwhile, a British Columbia Supreme Court decision in February,
which held that the mail-order federal program to obtain
physician-authorized marijuana is neither affordable nor accessible,
created a legal lacuna when it comes to accessing marijuana even for
medicinal use.

One of the outcomes of the B.C. case was that retail marijuana outlets
in Toronto grew in number to more than 120. Many of these retail
outlets, however, sell marijuana even without a medicinal-use
prescription as long as the customer produces either a prescription or
other proof (such as a pill bottle) evidencing that the customer
suffers from a condition such as pain, anxiety, post-traumatic stress
or insomnia, for which marijuana provides relief.

Ontario Premier Kathleen Wynne and Toronto Mayor John Tory have
expressed alarm about this turn of events, calling for swift action by
the federal government - even though Prime Minister Justin Trudeau has
said that Parliament won't deal with this subject until next year.

Mr. Tory, in an apparent deviation from his progressive approach to
other local challenges such as the Uber ride-hailing company, issued
draconian edicts to the city's licensing and bylaw enforcement
division, and to police.

As a result, over the past week, at least three dispensaries
voluntarily closed in Toronto and bylaw officers began handing out
warnings targeting 20 landlords. At least two landlords were given 72
hours to comply or face fines up to $25,000; further non-compliance
can lead to additional fines.

The current concerns about accessing medicinal marijuana are similar
to the issues that will arise when the federal government legalizes
recreational use. Therefore, we don't need to wait and see what the
federal legislative landscape will be with respect to recreational
use.

Once recreational use is legalized, the distribution and sale of
marijuana becomes the sole responsibility of the provinces and
territories. Those governments can decide whether to monopolize
marijuana sales or permit a free market, just as they do with respect
to beer and wine sales.

Provinces such as Quebec and Alberta have, for many years, allowed
private businesses to sell alcohol. Ontario is gradually shedding its
monopoly with respect to beer and wine sales. So there is no logic in
the Ontario government creating a monopoly when it comes to marijuana
sales.

But the current status quo for marijuana retailing is unacceptable and
deserves some regulation.

Provinces and cities should, and can, craft a regulatory framework
that addresses current and future concerns regarding the proliferation
of marijuana retailing, whether it is for medicinal or recreational
use.

Meanwhile some cities in British Columbia, including Vancouver and
Victoria, have already chosen to regulate, and thus control, the
proliferation of dispensaries and to manage harm prevention.

All that is required is for sane heads to prevail. Political leaders,
public health officials, licensed producers, retailers and marijuana
users should come together to craft sensible and enforceable
regulations for the retail sale of marijuana.

Jenna Valleriani is a doctoral candidate in sociology at the University 
of Toronto; her research looks at stigmatized organizations, social 
movements, and entrepreneurship in cannabis markets. Viresh Fernando is 
an economist, lawyer and chartered accountant.
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MAP posted-by: Matt