Pubdate: Tue, 02 Jun 2015
Source: StarPhoenix, The (CN SN)
Copyright: 2015 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: Hannah Spray
Page: A1

POT DISPENSARY TAKES 'A LOT OF COURAGE'

Opening a medical marijuana dispensary in Saskatchewan requires a 
good relationship with the community, says a man who's been operating 
one for the last two years.

"The advice I'd give for anybody starting a dispensary is, just make 
sure you're doing it for the right reasons, to help the community and 
help the people around you," said Jerry Martin, who operates Martin 
Medical Services in Whitewood, about 175 kilometres east of Regina.

"And a whole lot of courage - you need that."

Martin said he's aware of only one other dispensary in the province, 
adding there's a need for such services in Saskatoon, as he already 
serves about 40 clients from the area.

Mark Hauk, proprietor of the Saskatchewan Compassion Club, is 
planning to open Saskatoon's first storefront medical marijuana dispensary.

Hauk said that since news broke in Monday's newspaper about his 
plans, the feedback has been overwhelmingly positive, apart from 
reaction from the Saskatoon Police Service in the same article, where 
Insp. Jerome Engele said police would investigate the business if it opened.

Hauk said he tried to connect with the police earlier, and he plans 
to meet with Engele today, "just to have that conversation, put their 
minds at ease as best we can."

Martin said he was very open with community members about what he was 
doing and talked to the RCMP and the mayor of Whitewood before 
setting up shop. He recommended Hauk do the same in Saskatoon, 
although Martin noted it might be more difficult to build strong 
relationships in a city than a small community.

Mayor Don Atchison declined an interview request. Coun. Mairin 
Loewen, whose ward includes the Exhibition neighbourhood in which 
Hauk said he plans to operate, said the issue was new to her, but her 
understanding was that the city's role would be minimal as long as 
the business was legal.

"The city's approach to zoning and licensing businesses is one that 
doesn't take into account the stock that those businesses provide, or 
the merchandise or products, so long as those things are legal," she 
said. "If a business like this were to establish itself and then, 
were there to be charges laid for illegal activity associated with 
the business, then the business licence would be withdrawn."

However, it may not be necessary for Hauk to get a business licence 
if he's operating as a non-profit, which is how the Saskatchewan 
Compassion Club operates and how Martin operates in Whitewood.

Kirk Tousaw, a B.C. lawyer who represents about a dozen dispensaries 
in the country, including Martin's, said dispensaries fill a gap 
created by Canada's medical marijuana laws.

Patients need a valid medical document - basically, a prescription - 
from a doctor and must purchase the marijuana, which must be in dried 
form, from licensed producers. Shortages are a common problem and 
many patients prefer derivative products such as oils, Tousaw said.

However, storefront sales aren't allowed.

"The short answer is, the Controlled Drugs and Substances Act makes 
operating a dispensary unlawful, punishable by severe deprivations of 
liberty, depending what you're charged with," Tousaw said.

He said he believes defences are available pursuant to the Charter of 
Rights and Freedoms. In March, he argued the first case involving 
medical marijuana in front of the Supreme Court of Canada.

"I tend to think that police didn't get into policing to target for 
arrest and prosecution sick and suffering Canadians and their 
caregivers and those people who would provide them with access to 
medicinal cannabis," Tousaw said.

"For brave, compassionate people operating these dispensaries, 
they're taking those risks to assist severe and chronically ill 
Canadians ... I commend people willing to take those risks."
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MAP posted-by: Jay Bergstrom