Pubdate: Fri, 06 Nov 2015
Source: Cowichan Valley Citizen (CN BC)
Copyright: 2015 Cowichan Valley Citizen
Contact:  http://www.canada.com/cowichanvalleycitizen/
Details: http://www.mapinc.org/media/4349
Author: Sarah Simpson

TANGLED RULES, JURISDICTIONS TO BLAME FOR POT SHOP DENIAL

Valley businessman Bob McKernan has commercial store space to rent
"with excellent TCH exposure" in Area D (Cowichan Bay).

McKernan even has potential tenants. The problem is the Cowichan
Valley Regional District, he says, won't permit those tenants to open
up shop.

"As of late I have had numerous compassionate marijuana groups
inquiring to rent my store front and open a dispensary," McKernan
said. "My zoning includes agricultural and horticultural supply
sales/health studio/personal service and just plain retail sales," he
said. "I thought I had it covered... no, not so."

CVRD vice chair Lori Iannidinardo, the director for Cowichan Bay,
explained that when they were working on the official community plan
for that area, the board knew the marijuana issue was coming down the
pipe.

"We did what we could from our level but we are not sure if we've
covered everything," Iannidinardo admitted.

And while he isn't so sure dispensaries are even legal, McKernan still
takes issue with the CVRD's zoning bylaws prohibiting
marijuana-related activities.

"Imagine the brazenness of these people to make such a decision in
this the 21st Century. Shame on them. I personally find this totally
unacceptable and probably unconstitutional," he said. "Aren't they the
CVRD some kind of special! Just one more step by our local government
in their attempt to make time go backwards."

According to Health Canada, dispensaries are currently illegal
Canada-wide.

An inquiry with Health Canada yielded the following
response:

"Health Canada does not license organizations such as compassion clubs
or dispensaries to possess, produce or distribute marijuana for
medical purposes. The only legal means for individuals to access
marijuana for medical purposes is via a licenced producer, with the
support of their health care practitioner."

Health Canada's website went on to say that "Unauthorized activities
associated with marijuana are considered to be criminal offences and
are subject to the penalties set out in the Controlled Drugs and
Substances Act."

The CVRD and other local governments have worked on their bylaws in
order to avoid situations like in Vancouver and Victoria where pot
distribution isn't technically legal but local bylaws don't prohibit
it so dispensaries have been popping up.

Federal legislation has complicated matters, as Ottawa waffles on the
issue.

"That's the whole problem everybody is having with this is it's not
legal," Iannidinardo said. "It's entirely totally confusing and the
feds need to get their act together."

It's an issue that needs to be made more clear, and the sooner the
better Iannidinardo added.
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MAP posted-by: Matt