Pubdate: Thu, 24 Sep 2015
Source: Prince George Citizen (CN BC)
Copyright: 2015 Prince George Citizen
Contact:  http://www.princegeorgecitizen.com/
Details: http://www.mapinc.org/media/350
Author: Laura Kane
Page: 7

VANCOUVER POT DISPENSARIES READY FOR LEGAL BATTLE

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