Pubdate: Wed, 23 Sep 2015
Source: Nelson Star (CN BC)
Copyright: 2015 Black Press
Contact:  http://www.bclocalnews.com/kootenay_rockies/nelsonstar/
Details: http://www.mapinc.org/media/4866
Author: Will Johnson
Page: A1

'WE'RE IN A BIT OF A BIND'

City Developing Long-Term Plan to Address Medical Marijuana Dispensaries

News of a fourth pot dispensary potentially moving to the downtown 
core of Nelson - joining three existing locations on Front St. - has 
spurred high-level dialogue about the controversial facilities, 
according to Mayor Deb Kozak, and exploratory conversations on the 
topic of legalization and regulation have already begun.

"We're in a bit of a conundrum," she told the Star. "There are 
conversations going on at the police board and on council, and the 
fact is pot dispensaries are not legal and contravene our bylaws. At 
this point we have not made a decision, but it will probably come up 
as council starts setting our priorities in October."

Kozak's comments came on the heels of community complaints 
surrounding a new dispensary potentially moving into the former 
location of the Coconut Lounge at 116 Vernon St.

Landlord Dana Rothkop said the lease has not yet been signed, but 
neighbours have been informed the new facility could move in as soon as Oct. 1.

He didn't respond to additional questions.

Business licenses

Kozak said current dispensaries are faced with a dilemma.

"Right now these dispensaries have to decide whether they're going to 
operate without a license. And there are fines associated with that," she said.

Recently the city rejected a business license for the Cannaclinic on 
Front St., accepting their application but serving them with a $100 
bylaw fine rather than approving it. City manager Kevin Cormack said 
there has never been a license purposely granted for a dispensary in 
Nelson, but some may have inadvertently flown under the radar in years past.

"In some cases they will say 'we're Pacific Apparel Society' or 
something like that, and they'll give no indication that what they're 
actually selling doesn't correspond with what they told us."

Cormack said though Kimberley recently began approving business 
licenses to dispensaries, and Kozak has been liaising with the mayor 
and council there, he would not recommend granting a business license 
unless the current bylaw is rewritten.

"As staff we're obligated to work within the bylaws passed by 
council, and it's council's role to grant a business license. All 
communities are being challenged with this, and ultimately it's going 
to be the federal government or the courts that make decisions on 
this. The laws in place are being challenged and there have been 
early decisions creating uncertainty."

Safety concerns

Nelson deputy police chief Paul Burkart said they have been in close 
contact with both the Nelson Compassion Club, formed in 1999 and 
recently moved to Front St., as well as the newly arrived Cannaclinic 
directly across the street from it.

Burkart, Cormack and Kozak didn't mention the Kootenays Medicine Tree 
at 601 Front St., a dispensary with another location in Grand Forks 
that was recently shuttered.

"We will continue to look at the dispensaries as they come in, or 
when we get complaints," he said

Burkart feels ambivalent about how things are developing, but is 
willing to do whatever's necessary to ensure the community is "safe and happy."

"I'm not thrilled," said Burkart. "I understand the need for some 
people to use different products, but one concern is coming up from 
the States where it's legal and now they're getting overdoses and 
related deaths coming from non-smoking products like edibles."

He said pot users often brag that there have been no deaths related 
to smoking weed, but "we're not smoking it anymore, we're taking it 
as these derivatives and our concern is if that continues."

Burkart said they're more concerned about fentanyl, though, which has 
been causing a number of deaths and overdoses.

"Our wish is for the federal government to set some regulations that 
will keep us happy and safe. That's what we want."

Burkart said the current pot-dispensing operations have not 
necessitated the type of intervention police displayed last year in 
working with insurance companies to evict entrepreneur Kyle 
Lindroosfrom two locations.

Burkart said citizens concerned about unsavoury characters and 
unlawful activity in the area around these dispensaries needn't worry.

"We will follow up with these dispensaries to ensure they're not 
doing anything outside of what the courts are allowing them to do. 
Anything outside those parameters we'll be enforcing."

Long-term strategy

Kozak said a longer term strategy for addressing these dispensaries 
is in the works, but will have to wait until after the federal election.

"We're in a bit of a bind. There are some people in the community who 
are very in favour of dispensaries, and that reflects the diversity 
of opinions in our community. As with anything, in times of change 
legislation is often way behind social movements, and it takes time 
for these things to move forward," she said.

"The police will be coming forward with a proposal - they're in the 
same situation council is - and we're all waiting to hear what the 
federal government says."

Burkart said anyone concerned doesn't have to worry because police 
are well aware of the situation.

"Right now they've tightened up, to be honest, and the courts are 
requiring some caution. So for the moment we're sitting on our hands."

But anyone with complaints should call them right away.

"Any violations we'll be investigating and enforcing."

The Nelson Compassion Club didn't return a message, the Kootenays 
Medicine Tree could not be reached before deadline, and Cannaclinic 
declined to be interviewed on the record.
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MAP posted-by: Jay Bergstrom