Pubdate: Fri, 04 Aug 2017 Source: Kamloops This Week (CN BC) Copyright: 2017 Kamloops This Week Contact: http://www.kamloopsthisweek.com/ Details: http://www.mapinc.org/media/1271 Author: Andrea Klassen KAMLOOPS RCMP ISSUES CEASE AND DESIST LETTER TO LOCAL DISPENSARY A marijuana dispensary that drew the ire of residents living above its Aberdeen store front is no more - and Kamloops RCMP say other pot shops in the city should prepare for a period of apparent tolerance to come to an end. A note affixed to the front door of Canna Clinic on Hillside Drive says the store closed on Aug. 1 "due to unforeseen circumstances." Calls and emails to the store went unanswered but RCMP Staff Sgt. Simon Pillay confirmed to KTW police sent the shop a cease and desist letter in July after receiving a barrage of calls from the public. Complaints from residents included drug consumption on the property, illegal drug sales and claims that thefts from vehicles and garages were on the rise, though Pillay said the latter is difficult to prove. "In this particular case, we decided let's give them a warning letter that explains the laws because we've spoken to a lot of people - even employees at some dispensaries - who are oblivious to what the actual laws are," he said. "So we thought, in the spirit of reasonableness, let's start with a letter explaining what laws they're breaking and giving them an opportunity to rectify that before we come in." With the shop permanently closed a short time later, Pillay said the tactic seems to have worked and RCMP are looking at taking action against other storefront dispensaries in town, some of which have been operating for more than a year. Laissez-faire enforcement comes to an end Until now, there's been little enforcement of dispensaries in the city, either from police or the city of Kamloops. That's in part due to the federal government's plans to legalize the drug - which should happen some time next year - and the questions which remain about how marijuana will be sold, grown and distributed in that new reality. "It's a very challenging situation where you have a grey area because of the way legislation is rolling out federally," said Acting Mayor Arjun Singh. Property use inspector Dave Jones said the city is still waiting on legal advice as to whether it should look at taking on the dispensaries for operating without business licenses. Because selling marijuana remains illegal - if only until next year - the city has refused to issue licenses to the stores. City councillors have resisted calls for regulations on where the dispensaries can set up shop that would mirror bylaws in Vancouver or Penticton. While requests have come from neighbours up in arms about new operations - as was the case for Canna Clinic - Singh said council has met with a dispensary owner who wanted to see the city create rules that would allow him to operate more legitimately. "We decided not to go down that route and part of it is we don't want to redo [the rules] again in 2018," said Singh, who predicts municipalities will have much work to do once the federal and provincial government have created their regulations. "There's a whole bunch of work that has to be done around how to regulate it and what are the right locations," he said. "What are the buffers from a school from a liquor store and so on. That's what we have to figure out as an institution." RCMP, too, were originally unsure how much time to spend on dispensaries, Pillay said, particularly as an opioid overdose crisis fuelled by fentanyl continues to rage across B.C. "In Kamloops, it's gotten to the point of critical mass," he said. "There's eight storefronts operating - or at least there was until this week - and we are inundated with illegal grows all through this community." Pillay said RCMP are becoming aware of more and more grow-ops in homes and it appears they may be driven by the demand for product at dispensaries. In some cases, growers may have Health Canada permission to grow the drug for medical use, but use that as a cover to grow 1,000 plants instead of the much smaller number legally allowed. The grow-ops are a concern, Pillay said, because they often tap into the electrical grid illegally to mask detection, creating fire risks, and the humidity required generally destroys the home. He believes dispensary customers are often unaware their pot isn't coming from legitimate sources. "When you walk up to a storefront that appears to be operating legally, calls itself a clinic - it gives it this medical impression, but most people don't realize there is no safe supply chain that can go to a storefront dispensary," he said. "These are illegal grows, no different than 10 years ago." Police to prioritize, franchisee to 'fight' While police have not taken action against any other dispensaries since Canna Clinic shuttered, Pillay said other enforcement is in the planning stages. Police will prioritize stores with links to organized crime or prolific criminals, locations close to schools or daycares and higher numbers of community complaints. Business practices will also play a role. "If their advertising appears to be targeted towards youth or targeted towards massive consumption - like two-for-one joint days and things like this - that also factors in to our decisions on which ones to focus on and which ones to wait on," Pillay said. And though Canna Clinic received a letter, Pillay said RCMP haven't ruled out using raids or other tactics on other operations. Remaining dispensaries contacted by KTW were largely unaware of Canna Clinic's closure or police plans to crack down on pot shops. Chuck McCarthy, the local franchisee of Weeds Glass and Gifts, said a customer at his 12th Street store had mentioned the closure, which he attributed to the shop's willingness to sell to anyone of age with ID. McCarthy said he requires a doctors' prescription and does not condone recreational sales and prefers to focus on chemical compounds in marijuana that are believed to have medical benefit. "I've got up to 87 year-old ladies coming in here and getting it for their arthritis . . . there's nothing in there that can get you high, but it's so good. Especially for the aging people," he said. McCarthy said he would expect his franchise's national legal team to come to his aid, should RCMP decide to target his business. The company previously took the cities of Vancouver and Abbotsford to court over orders to shut down stores, arguing they have unduly restricted access to medical marijuana, in violation of the Canadian Charter of Rights and Freedoms. "We'll fight it as much as we can," McCarthy said. - --- MAP posted-by: Matt