Pubdate: Fri, 03 Apr 2015
Source: Vancouver Sun (CN BC)
Copyright: 2015 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Kevin Griffin
Page: A4

INSURANCE WILL BE SNUFFED OUT WHEN POT DISPENSARY MOVES IN

Condominium complex to lose coverage over commercial tenant

The residents of a condominium complex near Hornby and Beach have been
told that having a marijuana dispensary in their building will mean
the cancellation of the building's insurance, one of the condo owners
said Thursday.

Maxine Clough, vice-president of the strata at 1675 Hornby, said the
building's insurance broker has been trying to find replacement
insurance, but has been rejected by eight insurance companies on the
grounds of increased risk.

The dispensary, which claims it will sell only to people with medical
marijuana certificates, is slated to open Saturday in one of the
building's ground floor retail units. It will be the latest of about
80 other medical marijuana dispensaries in Vancouver, all of which are
illegal and unlicensed.

If the broker manages to get insurance, he has been told that the
deductible for the building could increase from $5,000 to as much as
$10,000 or $20,000.

Reading from a letter her insurance broker sent to the city, Clough
said:

"We have been advised by Canadian Northern Shield that once the
marijuana dispensary opens, they would be cancelling the policy (and)
refunding the unearned premium. This is not the type of risk they wish
to insure."

Canadian Northern Shield did not respond Thursday to a request for an
interview.

Clough has gathered about 150 names on a petition against the medical
marijuana dispensary, which is in a unit that is part of the strata
title.

"We are not against medical marijuana," she said. "I wish they would
licence it, regulate it, tax it, and get it into commercial areas. We
don't want this dispensary in our building. We don't think it is the
proper place for it."

Clough said the medical marijuana dispensary would be close to the
seawall and close to a Montessori school. She's also worried about
potential odours because the retail space uses the same ventilation
system as the rest of the building.

Clough said the insurance that's being cancelled includes coverage for
third-party liability as well as fire, water and other damage.

Clough said the "owner of the unit was sent a letter advising him" of
the cancellation of the building's insurance.

"He has totally ignored it," she said.

The Vancouver Sun left a message with the person Clough said was the
owner of the building. He did not return the call by deadline.

Ryan Williams is the operator of Canada Bliss Herbal Society, which
plans to open the 400-sq.ft store Saturday in Clough's building. He
said he's opening there because it was one of the few spots he could
find that was willing to rent to a medical marijuana operation.

"We found a landlord that was into our cause and supports us and was
OK with the use," he said.

Williams said he has a three year lease with an option to renew. There
will be no smoking room on site. He said he understands that people
are opposed to what he is doing. Residents, he said, will be treated
with the "utmost respect and courtesy.

"I have no ill feeling to the neighbours," he said.

"Hopefully we get the chance to win them over - show them that we are
purely medical, not recreational. It is a place for them to come get
their medicine so they can use it at home. It's not a place for people
to hang out."

Coun. Kerry Jang said for years, the city had six dispensaries. But in
the last year, the number has increased dramatically by a factor of
more than 12.

The city has allowed the illegal businesses to operate until legal
wrangling over the production of medical marijuana is settled.

Last year, Ottawa passed a new law allowing only certain commercial
growers to produce and sell medical marijuana.

A constitutional challenge in Federal Court by patients has put parts
of the law on hold. A judge ruled that patients licensed to grow their
own pot under previous rules would be allowed to continue until a
decision is made in the court challenge.

"What we're seeing in Vancouver is that a lot of the owners of pot
shops are clearly forcing the issue on the federal government," he
said. "In effect, they're saying, 'We're here, we're open, legalize us
because you can't get rid of us.' "

Jang said city staff is working on some land-use bylaws to help
regulate the location and number of marijuana shops in Vancouver, Jang
said.

The model proposed to staff includes rules similar to those around
pharmacies that dispense methadone for heroin addicts. They're
strictly regulated with clear land-use rules about how far they have
to be from schools, community centres and neighbourhood houses. He
hopes that draft bylaws will be presented to council within a few months.

"Our goal is to find a way that we can regulate the number and
location of shops that allows reasonable access to legitimate users
and takes away the harms caused by trafficking or marketing."

If there are complaints about how a marijuana dispensary is operating,
police respond, Jang said.

"We have a zero tolerance of trafficking to kids or minors," he said.
"We have raided a number of these places. We have shut down at least
five shops that I'm aware of. We'll continue to do that. As soon as we
get a complaint, we're there."

Some medical marijuana dispensaries take out a business licence for
something other than selling marijuana, such as books or art, Jang
said.

"Others don't have a licence and when they're visited by City of
Vancouver staff, often as a result of a complaint, they'll say, 'Give
us a licence.' " But the city can't do that, Jang said, for something
that is technically illegal.

Williams said he does not have a business licence.
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MAP posted-by: Matt