Pubdate: Wed, 27 Jul 2016 Source: Province, The (CN BC) Copyright: 2016 Postmedia Network Inc. Contact: http://www.theprovince.com/ Details: http://www.mapinc.org/media/476 Author: Stephanie Ip Page: 10 POT SHOP OWNER TAKES CITY TO COURT OVER BYLAWS A local pot businessman has filed a constitutional challenge against the City of Vancouver, hoping to keep his dispensaries open.. Don Briere of the Weeds Glass and Gifts chain of dispensaries filed a court petition earlier this month, arguing the city's licensing bylaws, which went into effect in May, infringe on a constitutional right to access medical marijuana. The challenge, filed July 11, argues the city's licensing and zoning bylaws for dispensaries "unduly restrict access to medical marijuana" and infringe on charter rights. It also argues that any bylaw tickets that have been issued to dispensaries should be declared void. Briere has also filed a similar challenge in the City of Abbotsford, where one of two shops he operates was closed after the city handed down an injunction. That challenge is being heard in court this week. "The hope is that we can have these establishments continue on in a way that is safe for them and safe for their customers until things are crystallized legally," said lawyer Dean Davison, who filed the petitions on Briere's behalf. "Really, this is something the federal government should be dealing with, and not the municipal government." The Liberal federal government has said it will table legislation in spring 2017 to legalize marijuana. Vancouver city officials began cracking down on dispensaries earlier this year, following an uptick in the number setting up shop, requiring marijuana-related businesses to apply for licences. Applicants who did not meet the requirements were rejected, while others chose to appeal. (Dispensaries must be in commercial zones, 300 metres from schools, community centres and another dispensary.) As many as 135 businesses were identified as contravening the city's guidelines and told to comply or close by the deadline of April 29. Briere, the director of the Canadian Weed Cannabis Society, was among those whose dispensaries were given $250 fines in the first week of enforcement, but had vowed to take the city to court. At the time of the petition's filing, Briere's five Weeds locations had been issued a total of 67 tickets. Davison noted many medical marijuana users he spoke to in preparation for the filing were "quite a bit older and some are severely disabled," and it's those users being punished by the city's crackdown. Vancouver has been given until Aug. 1 to respond. According to spokesman Tobin Postma, the city's legal team is drafting a response. - --- MAP posted-by: Matt