Pubdate: Wed, 23 Aug 2017
Source: Grand Forks Gazette (CN BC)
Copyright: 2017 Black Press
Contact:  http://www.bclocalnews.com/kootenay_rockies/grandforksgazette/
Details: http://www.mapinc.org/media/525
Author: Kathleen Saylors
Page: A1

HERBIVORE CANNABIS BUSINESS LICENCE REFUSED

In an unprecedented move, the City of Grand Forks council held a
hearing on Monday night to consider the application of a business
licence by Herbivore Cannabis dispensary.

The hearing was performed as an aside during the regular meeting of
council on Monday. It was called under Section 60-5 of the Community
Charter, although according to Chief Administrative Officer (CAO)
Diane Heinrich, the city has never before had to hold a hearing.

Couns. Colleen Ross, Julia Butler and Chris Hammett attended the
meeting via teleconference.

As part of the process, both sides (the city and Herbivore Cannabis)
presented arguments as to the issuing of a business license. Staff
explained why the license was originally denied, while Herbivore
(owned by Teresa Taylor) presented the case for receiving the license.

The crux of the city's reasoning for denying the license came down to
a comment Taylor made in a Grand Forks Gazette article published Dec.
21, 2016 about the dispensary's opening.

At the time, Taylor was quoted as saying that her dispensary was
operating "in advance of the law."

"The Liberal party winning gave me more confidence in moving ahead,"
she said. "Those of us operating now are operating in advance of the
law, but it was a business decision," Taylor said. Her comments were
directly quoted in full context regarding her business' opening
earlier in December.

The Liberal government had not yet pledged legalization in
2018.

In a letter to Taylor in January 2017, Manager of Planning and
Engineering Dolores Sheets said the city was denying a business
licence because "an illegal activity has been publicly announced as
the intent of your business."

The city also enclosed numerous other correspondences with Taylor over
the following months that show Taylor questioned the decision to deny
her licence while another dispensary, the Kootenay Medicine Tree,
continued to hold a licence. That licence was renewed this year.

The city and council have at times maintained that The Kootenay
Medicine Tree is "educational," despite holding a retail licence and
the seizure of upwards of $7,000 in cannabis product from the location
earlier this year.

The city also included its business licence bylaw and the Health
Canada regulations for medical cannabis as part of their
presentation.

In the latest letter, dated July 2, Sheets writes that there will be
no elaboration beyond the reasons already given, but schedules the
hearing for reconsideration of the decision by council for Aug. 21.

As part of the hearing, Taylor was invited to give a presentation.
Taylor declined to present in person, but submitted a written
statement for her appeal.

"There has been a clear bias in the decision regarding the application
of Herbivore Cannabis for a business licence with the City," Taylor
wrote in a letter dated Aug. 7. "The Kootenay Medicine Tree is
transparent about their mission to provide 'access' to cannabis
products in our community."

Taylor goes on to provide evidence that she said is precedent for the
city granting a retail business licence to a dispensary, including a
video recording of one of the city's Committee of the Whole meetings.

During the discussion Ross both questioned what she perceived to be
the city denying residents access to medical marijuana, and the role
of the press.

"We are not in the business in Grand Forks to deny people medicine,
which is basically the mandate of this business," Ross said. She put
forward a motion to grant the business licence, which did not have a
seconder.

"The fact that the press decided to report in the manner that they did
report, and people on council and I am sure in the gallery today have
been subjected to becoming victims of the press, where things have
been twisted and said in a way that sheds a light on active
individuals that is not actually representative of what they are
saying or who they are. I think that could be the case in this
particular press release that we seem to be hanging our hats on," she
added.

Ross was in fact referring to the Dec. 21 article written by and
published in the Gazette, which the city cited as reason for denying
the licence.

In the ensuing discussion, other councillors raised concerns about the
location of the dispensary (Herbivore was located in the building of
Kocomo's Coffee House on 2nd Street) and the drug problems already
present in the downtown core.

"Regardless of personal viewpoints of members of council, the fact
remains that marijuana is not a legal commodity at this time," Coun.
Christine Thompson said.

"I would encourage her to hold business in abeyance until it was
legalized and we know what we are dealing with," she said. "We do have
a drug issue in the downtown core, the business community feels the
effects of that, it is unfortunate."

Tripp expressed concerns about the health and safety aspects for the
community and especially youth, Hammett questioned the location and
the security, while Krog questioned whether the products were from
licensed producers.

Ross then suggested putting forward option 3 of the staff report,
which said that a licence would be granted "with conditions." Ross
said she felt that condition could be that Herbivore only dispense to
people with prescriptions.

"When you put that subject on all of a sudden we become police because
who will monitor that?'" Hammett asked.

"I don't know, I guess we put it that that they only dispense to those
that have their prescription, but it covers us, we are covered because
we put that caveat in place, it does not matter what they do as long
as we are covered. We are not in law enforcement," Ross said in
response, reiterating her support for "ancient medicine."

Ross said she was on the road, and her cell phone service would likely
cut out.

Butler said that while she supported cannabis use, she could not
support this licence at this time.

"I … would support, if we did decide to move forward in the future,
putting the bylaw in place first. To grant the licence without the
bylaw in place first is to put the cart before the horse," Butler
said, referring to a staff report earlier this summer regarding
implementing a dispensary bylaw in the city. No bylaw was
implemented.

In response to remarks regarding the business licence of The Kootenay
Medicine Tree by Krog, the mayor said the city would not be governed
on "precedent." When asked by media, Konrad said he would not
speculate on the revocation of a business licence.

When the question was called on the motion to "refuse to grant a
business licence to Herbivore Cannabis Inc." at the location on 2nd
Street, Hammett, Thompson, Krog, Butler and Tripp voted in favour;
Konrad voted against; and Ross was no longer on the phone.

During question period, Les Johnson of GFTV questioned the presence of
a distillery across from a high school but council taking issue with a
dispensary in a downtown setting. In response Krog said that while he
felt a Washington State-like model might work, the fact remained that
alcohol is currently legal in a retail setting while cannabis is not.

In the event of legalization, city staff said Taylor could reapply for
a business licence, but Konrad also said the issue was "speculation"
at this point.

"Because the application was denied, it is just gone. Should we have
legalization of marijuana, she would have to reapply," Heinrich said.

When contacted on Tuesday, Taylor said she was "disappointed."

"It is blatantly discriminatory," Taylor said.
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MAP posted-by: Matt