Pubdate: Wed, 13 Sep 2017
Source: Hamilton Spectator (CN ON)
Copyright: 2017 The Hamilton Spectator
Contact:  http://www.thespec.com/
Details: http://www.mapinc.org/media/181
Author: Matthew Van Dongen
Page: A1

COUNCILLORS WANT MARIJUANA SHOP CRACKDOWN

Advocates say one way or another, private dispensaries are here to
stay

The number of illegal storefront pot shops in Hamilton is growing even
as police raids continue, municipal zoning charges pile up in court
and the province moves to take over retail marijuana sales next year.

The trend is prompting some councillors to call for a renewed police
crackdown - but dispensary advocates and patients argue politicians
should recognize the private marijuana outlets are here to stay - with
or without a legal blessing.

Coun. Doug Conley will bring forward a motion Wednesday appealing to
Hamilton police for help, noting at least 19 marijuana dispensaries
remain open despite a municipal bylaw crackdown that has so far
resulted in 45 "non-compliance" notifications and 31 charges before
the courts, mostly related to illegal zoning.

Licensing director Ken Leendertse said despite the closure of around
10 pot shops due to city or police charges, new pot shops are
continually popping up. He estimates there are closer to 25 operating
establishments, but "this number is changing weekly."

Leendertse added municipal inspectors are probing three apparent
newcomers on James Street, Ottawa Street and in Dundas.

Conley said the trend is particularly troubling given the province's
plan to take over retail sales of marijuana next July. Attorney
General Yasir Naqvi warned earlier this week the province would take
measures to ensure freelance retail outlets are shut down.

"But we can't just wait around while they become more and more
entrenched," said Conley, who expressed frustration at the city's
inability to force a Stoney Creek outlet to close. "We've tried going
through the courts, but we (the city) can't do it."

The city tried earlier this year via an injunction request to force
the shutdown of the Hamilton Village Dispensary and a vapour lounge in
the same building based on zoning and other bylaw violations.

The court agreed to shut down the vapour lounge, but in an interim
decision refused to allow the city to permanently shutter the
dispensary, instead allowing it to stay open so long as it served only
medicinal pot to patients with prescriptions. The case will be back in
court in December.

Police continue to periodically raid various dispensaries, laying
charges and seizing illegal drugs. But in some cases, those outlets
reopen with new product days later.

Hamilton police expect new provincial legislation dealing with retail
sales will "make it easier" for police to keep pop-up pot shops from
reopening, said Coun. Lloyd Ferguson, who chairs the Hamilton Police
Services Board. "Do we need to keep at them? Absolutely," he said.
"But we're looking for those (legislative) tools, as well."

Britney Guerra, who owns the now-closed vapour lounge above the
Hamilton Village Dispensary, said the eventual court decision on the
city's injunction request could end up being a win for private
dispensaries if it legalizes the sale of medical pot from the location.

Regardless, she argued private operators are here to
stay.

"This industry always adapts," she said. "The need (for marijuana
users) is far greater than anything the province has planned."

Tamara Hirsch, spokesperson for two Pacifico pot outlets in Hamilton,
echoed that belief in an earlier interview, suggesting dispensary
operators see police raids as a "cost of doing business" in a
pioneering industry that outpaces evolving regulations.

City and police pressure have forced some closures,
however.

Cory Kaus once helped run Bright Moments, a popular downtown
dispensary that closed after one of the earliest police raids more
than a year ago."It was frustrating for me as a patient and an
advocate," said Kaus, who started using medical marijuana to deal with
pain and nerve damage from a knee injury.

Kaus later volunteered at the shop. He thinks the province and federal
government will eventually realize how "unrealistic" it is to limit
retail shops to government control and force medical users to rely on
mail-order pot.

He said he suspects the sheer cost of competing with - and cracking
down on - black market outlets in competition with the LCBO-run stores
will eventually force a government rethink.

"It's inevitable they will see it is a huge fumble," he said. "But in
the meantime, patients will suffer, people will lose access to
medicine that they need. And that's sad."
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MAP posted-by: Matt