Pubdate: Tue, 09 Jun 2015
Source: Globe and Mail (Canada)
Copyright: 2015 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Wendy Stueck
Page: S1

POT SHOP LOCATION RULES QUESTIONED

City Has Struggled to Enforce a Policy Mandating Space Between 
Pharmacies, Similar to the One Proposed for Marijuana Businesses

Vancouver's proposed new regulations for marijuana-related 
businesses, which go before a public hearing Wednesday, include 
distancing requirements designed to help control the proliferation of 
pot shops on city streets.

But a similar policy related to small pharmacies - including those 
that dispense methadone - appears to have done little to stem the 
concentration of methadone pharmacies in the Downtown Eastside, 
despite being on the books since 2005.

The policy, which is among 21 "business-specific policies and 
guidelines" that apply to operations such as liquor stores, churches 
and seniors housing, says "a small-scale pharmacy should not be 
located within 400 metres of the property line of an existing 
pharmacy or small-scale pharmacy."

But a 2015 provincial review of B.C.'s Methadone Maintenance Payment 
Program said there were eight pharmacies providing methadone services 
on a six block stretch of Hastings Street, including two instances of 
two pharmacies being on the same block. That review did not name the 
pharmacies involved.

Records shows the city last year renewed business licences for two 
small pharmacies across the street from one another on East Hastings Street.

The city issued a business licence for Native Vancouver Pharmacy, at 
50 East Hastings St., in November. In December, it issued a business 
licence for Tungs Management, at 67 East Hastings St. Both sites 
cater primarily to people taking methadone as a treatment for drug addiction.

The two pharmacies came to be operating across the street from one 
another after one - which had been in business for 25 years - filed 
papers to operate in a new commercial space on the block.

At the same time that process was under review, a different company 
applied for a building permit to do renovations at the old property.

"Because the space was previously approved as a small scale pharmacy, 
the applicant also received an occupancy permit to be in the space," 
John Greer, assistant director of the city's Development Review 
Branch, said in an e-mail. "As a result, the City approved the 
applicant's business licence because the use and occupancy 
requirements were met."

In the process, however, the city inadvertently flouted its own 
guidelines on distances between small pharmacies. The city has 
recognized the lapse and changed its system to require zoning 
applications that should prevent repeat occurrences, a city spokesman 
said on Monday.

As it turns out, the Native Vancouver Pharmacy is expected to close, 
but not because of its location.

On May 29, the College of Pharmacists of B.C. ordered the operation 
to close, citing public health violations, including rat droppings on 
the premises, a lack of hot running water and a "dirty, dilapidated" 
environment that was not appropriate for patient care.

The college said it would suspend the pharmacy's licence on June 12. 
The two-week notice period was provided so that the pharmacy's 
clients could find new pharmacies and obtain new prescriptions. 
Methadone prescriptions are not transferable.

Under the city's proposed new marijuana regulations, 
marijuana-related businesses would not be allowed to open within 300 
metres of a school or community centre or another marijuana related 
operation and would have to pay a $30,000 annual licensing fee.

The city came up with the new guidelines in response to dozens of 
largely unregulated dispensaries that have popped up on city streets 
in recent years.

According to a staff report, Vancouver's first marijuana related 
business (the B.C. Compassion Club) opened around 1997. Over the past 
three years, the number of similar businesses has climbed to more than 80.

All are violating federal drug laws, both by illegally obtaining 
marijuana and then selling it to consumers. The majority are 
unlicensed, although city records show about a dozen have obtained a 
business licence, some by registering as community associations.

Marijuana advocate Dana Larsen said he expects at least 80 supporters 
to attend Wednesday's public hearings and to raise concerns, 
including the proposed buffer zone of 300 metres - which he maintains 
is too strict - licensing fees and restrictions on edible marijuana products.
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MAP posted-by: Jay Bergstrom