Pubdate: Wed, 01 Jun 2016
Source: Vancouver Sun (CN BC)
Page: A1
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Authors: Matt Robinson and Brian Morton

CITY MOVES TO STUB OUT POT HOLDOUTS

Officials Hope Courts Smoke Out Stubborn Dispensary
Resistance

The City of Vancouver is taking defiant pot shops to court, and the
owners are not very happy about it.

Injunctions were filed Tuesday against 17 of 55 marijuana dispensaries
that ignored orders to shut down by the end of May.

While all pot shops are illegal, city councillors directed staff to
regulate the local industry last year after scores of shops sprung up
around Vancouver.

The legal move, which would compel the 17 shops to close, comes after
city inspectors issued more than $61,000 in violation tickets to
businesses that did not meet the city's regulatory requirements and
refused to cease operation. Coun. Kerry Jang said another round of
injunctions is coming next week for the other shops defying civic rules.

"We gave fair warning to all the pot shops that weren't in compliance.
We issued a lot of tickets to them on a daily basis. They refused to
pay them, so this is the next step," Jang said.

However, owners of the dispensaries are calling the city's move
"disgusting," with many saying they won't abide with the injunctions
and will wait to see what happens in court.

"I think the city should stop all enforcement for closure of
dispensaries because the public supports these businesses," said Jody
Emery, who said she owns the brand for Cannabis Culture/The Healing
Tree, a shop at 512 Beatty St. included in the list. "They do no harm
and legalization is still in the works, but in the meantime Canadians
deserve access."

Emery said that the 512 Beatty shop, one of several Cannabis Culture
shops, was her first foray into cannabis sales.

"We will not be closing our doors because we believe in accessibility
and we won't discriminate against Canadians.

"And legalization for all use is just around the corner."

Another shop named in the list is B.C. Pain Society at 2908 Commercial
Dr.

Owner Chuck Varabioff maintains that he's "pissed" at the injunctions
and will "absolutely" remain open despite the city's actions.

"I think it's absolutely ridiculous because I have filed for a
judicial review with the Supreme Court and as far as I know the city
hasn't even responded yet to that petition, which was filed about four
weeks ago. It's up to the courts to decide what's going to happen. I
wasn't given a fair appeal and that's all I want."

Varabioff said he's tried to contact the city, but that: "They don't
even give me the courtesy to return a phone call.

"I will keep operating." Burke Butler - owner of Buddha's Sister-House
of Cannabis, at 2918 West 4th in Vancouver, which was also on the list
- - said the city has no basis for shutting him down.

Burke said he is very upset about the news and hasn't decided yet how
he'll respond.

"I know at least 100 patients of ours who will be very upset. I'd like
the city to stop threatening their own citizens and negotiate like
civilized human beings. It's disgusting. It's bullying," said Butler.

Some of the 17 stores were chosen based on their proximity to the 10
dispensaries that have been granted municipal development permits
under the city's new regulatory scheme, according to the city.

Others were selected based on community feedback, noise or nuisance
complaints - or the response to enforcement actions to date.

"They've had the most complaints about loitering ... the police have
concerns, and they're the ones who have deliberately said: 'We're not
going to close,' " Jang said.

"You're the hardest ones to close? Then we'll go after you
first."

Injunctions were filed against four shops whose appeals to the city's
board of variance for another crack at a business licence had been
rejected.

They include: Divine Ventures, the Green Cross Society of B.C.,
Vancity Medicinal Society and Varabioff's B.C. Pain Society.

Varabioff had filed for a B.C. Supreme Court review of the board's
decision.

A half-dozen Weeds Glass & Gifts stores were also hit with
injunctions.

The injunctions filed by the city are similar to those it would file
against any non-compliant business, Jang explained.

Any shops that defy an injunction order would face a contempt of court
charge, he said.

To date, just 31 pot shops have complied with the city's closure
order.

An equal number are not subject to enforcement, they being under
review, appeal or approved for development permits.

City staff could not immediately say how many of the 224 violation
tickets issued to non-compliant shops had been paid. 
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MAP posted-by: Jo-D