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." - --- MAP posted-by: Jay Bergstrom