Pubdate: Wed, 27 Jul 2016
Source: Vancouver Sun (CN BC)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Stephanie Ip
Page: A2

MAN TAKES CITY TO COURT OVER DISPENSARY BYLAW

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 bylaws on
dispensary licensing infringe on a constitutional right to access
medical marijuana.

The challenge was filed July 11 and argues that 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 remaining open
should be voided.

Briere has 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
guidelines and told to comply or close by 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.

The City of Vancouver has been given until Aug. 1 to respond to the
petition and is drafting a response.
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MAP posted-by: Matt