Pubdate: Thu, 24 Sep 2015
Source: National Post (Canada)
Copyright: 2015 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Laura Kane
Page: A7

POT DISPENSARIES TO FIGHT CLOSURE

New Regulations

VANCOUVER * Medical-marijuana dispensary owners who stand to be
uprooted by Vancouver's sweeping new regulations say they won't
disappear without a fight.

Vancouver Coun. Kerry Jang estimated this week that only 15 to 20
dispensaries will be approved after the city processes a whopping 176
applications for business licences.

But owners who are expecting rejection letters say the initial red
light from the city will only mark the beginning of a months-long
process of appeals and even legal action.

"With any new rules or regulations or licensing, it will take a long
time. I do know a lot of dispensaries will file lawsuits," said Chuck
Varabioff of the British Columbia Pain Society.

"I' ll never file a lawsuit against the city, but I definitely would
appeal if I'm told that I have to move."

Jang said in an interview that the city is not imposing a cap on
dispensaries, but only 15 to 20 shops are likely to meet its strict
requirements - including a clean criminal record and a ban on
operating 300 metres from schools, community centres and other pot
shops.

The councillor, who first revealed the estimate to local politicians
at the Union of B.C. Municipalities convention on Monday, said it was
his own calculation and not an official figure.

"That's based on me keeping track of all the various players and
people who I've observed in the industry for these last few years," he
said. "I keep track of who, for example, has been caught selling to
minors."

Although Vancouver has more than 100 dispensaries, Jang said 15 to 20
would be more than enough to serve the city's medical-pot patients.

"Many of them are clustered in the same area," he said. "The new bylaw
would make them spread out."

He said the city is set to begin issuing licences in December. Owners
who are rejected can then appeal to the board of variance, which has
authority over council and city committees.

The B.C. Pain Society is one of two dispensaries on Commercial Drive
that is within 300 metres of a private school. The other is
Vancouver's oldest dispensary, the B.C. Compassion Club Society.

Spokeswoman Jamie Shaw said the compassion club has been serving
severely ill and elderly patients since 1997 and has never heard any
complaints from the school, which was built several years later.

"Our best guess is that we will be turned down for the licence because
of the school. Then we will go to the board of variance and hopefully
they will understand that we've been here for 18 years," she said.

"There's no problem between us and the school. We're part of the
neighbourhood."

Don Briere, owner of Vancouver's largest marijuana-dispensary chain,
Weeds Glass and Gifts, applied for nine business licences and hopes
one or two will be approved.

But he's also preparing for the loss of business in Vancouver by
looking at expanding into neighbouring municipalities, including Burnaby.

Briere has been imprisoned twice for pot-related offences, but he said
the city shouldn't hold his criminal record against him because he has
paid his debt to society.

He added that if he finds the city isn't treating dispensaries fairly,
he will consider legal action.

"If I see that there's something funny going on, or favouritism seems
to be going on, then I would consider filing a misuse of public
resources action in civil court and sue for money."
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MAP posted-by: Matt