Pubdate: Tue, 30 Apr 2013
Source: Vancouver Sun (CN BC)
Copyright: 2013 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Ian Mulgrew
Page: 2

COURT CASE CAN EXPAND DEBATE ON MEDICAL MARIJUANA

Raid further muddles dispensaries' status

Langley Mayor Peter Fassbender, three councillors, the city
administrator and the top local cop have been subpoenaed to testify at
the criminal trial of a medical marijuana retailer.

Lawyer Kirk Tousaw wants to grill the civic and police leaders about
why they raided a pot dispensary even though its owner acted above
board, held a public meeting and discussed the medical need with them
before opening.

He obtained subpoenas for community police office coordinator Val Van
Den Broek, city administrator Gerald Minchuk, RCMP Supt. Derek Cooke,
councillors Teri James, Gayle Martin and Rudy Storteboom, and the mayor.

They are being called by 59-year-old Randy Caine, charged in October
with trafficking and scheduled for trial June 10.

"This is something that has spanned three years since I first went to
the police to get a criminal records check," Caine said.

"From that initial contact to the raid was almost three years. I was
extremely transparent and was always seeking the guidance and support
of the community and elected officials. I had a two-hour meeting with
the superintendent a year before the raid. He was fully aware of what
I was doing."

Caine fought a 10-year battle that ended in a landmark 2003 Supreme
Court of Canada ruling that upheld the legality of the criminal
marijuana prohibition.

This case raises similar national concerns and could be a bellwether
prosecution involving the government's discredited medical cannabis
program.

Health Canada has proposed an entirely new scheme for supplying
medical marijuana that is supposed to be in place by next year.

But the latest regime doesn't include dispensaries and there is much
confusion about what will happen and their status.

Cities across the country have found themselves facing the same
conundrum as Langley - in the absence of a working medical program,
illegal dispensaries are proliferating and no one with compassion
likes shutting them down.

Caine emphasized his dispensary was not opened to challenge the
law.

"I wasn't out to be an activist," he said.

"All of these elected officials were aware of what I was doing. It's
not like the police burst in the door and found marijuana. I had a
break-and-enter three months before the raid and the police were
absolutely wonderful. Everything I did led me to believe I had an
umbrella support from the leaders of my community as I moved into this
grey area. Now they're calling me a criminal. This isn't about trying
to help more sick people, this is about me feeling betrayed and misled."

On July 19, Mounties raided Caine's Langley Medical Marijuana
dispensary on Fraser Highway seizing more than eight pounds of pot and
cannabis products.

In a press release, RCMP Superintendent Cooke explained: "These sorts
of dispensaries are illegal and, despite what some may profess, have
not been supported by the courts."

That is only partly true - they are illegal but the courts have been
sympathetic to medical marijuana patients seeking relief from a
spectrum of ailments running the range from cancer treatment to glaucoma.

More than a decade ago the Supreme Court of Canada forced the federal
government to create exemptions to the criminal code prohibition so
those patients could have access to cannabis.

The medical program Ottawa created, however, was so flawed and the pot
supplied so scorned, the dispensaries are a response to overwhelming
demand. There are nearly a score openly operating in Vancouver and the
city's Compassion Club has been selling cannabis products since 1997.

Still, Langley refused to give Caine a business permit.

Fassbender, who is also the provincial Liberal candidate for Surrey
Fleetwood, and council insisted marijuana was a matter of federal
jurisdiction.

The Union of B.C. Municipalities and the Federation of Canadian
Municipalities have asked the federal government to fix this bizarre
situation.

With the subpoenas and the argument he hopes to advance, Caine hopes
to give the courts a chance to contribute to that discussion.
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MAP posted-by: Matt