Pubdate: Wed, 06 Jan 2016
Source: Globe and Mail (Canada)
Copyright: 2016 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Mike Hager
Page: S1

CITIES NEED POT-SHOP POLICIES: WATCHDOG

Police Complaint Commissioner Says Vancouver, Victoria Should Craft 
'Clear' Criteria Determining When and How to Raid Dispensaries

Drug squads in Vancouver and Victoria have discretion on whether to 
bust illegal marijuana dispensaries, but police boards in those 
cities should have clear policies on when and why they enforce the 
federal laws prohibiting such storefront pot sales, says B.C.'s 
municipal police watchdog.

Police Complaint Commissioner Stan Lowe said in letters to the chairs 
of both boards that police departments should craft criteria 
determining which risks to public safety merit raiding a dispensary 
and that forces should provide detailed explanations of what such a 
process looks like. The letters, obtained by The Globe and Mail, 
contain recommendations that are not binding, but Mr. Lowe's 
suggestions come as police forces across Canada grapple with a 
burgeoning number of dispensaries.

The Vancouver force needs a "clear, objective policy to guide 
officers," Mr. Lowe wrote in a Nov. 20 letter to Vancouver Mayor 
Gregor Robertson, head of the city's police board.

Mr. Lowe noted that council had drafted bylaws to regulate and 
curtail the illegal shops, and "it is apparent that enforcement of 
criminal legislation remains an important component of the city's 
approach to this issue."

"But there remains a gap in policies with respect to how police 
enforcement will fulfill this role."

In a Dec. 29 letter to the two mayors that co-chair the Victoria and 
Esquimalt Police Board, he stated that the force "could benefit from 
the creation of a clear and objective policy in the area of 
enforcement as it relates to marijuana dispensaries."

Mr. Lowe did not say whether such policies should be made public, but 
in both letters he referenced the Vancouver Police Department's 
landmark 2006 drug policy, which he said clarified its enforcement 
priorities for officers and "other stakeholders" alike.

The mayor of Victoria and a Vancouver police spokesman both declined 
to comment on Tuesday, stating that neither of the boards in their 
respective cities have officially received or discussed the 
recommendations from the commissioner's office.

The office handles complaints against 11 municipal departments and 
three other specialized forces across the province.

Last June, Vancouver City Council became the first in Canada to 
create a new class of business licence for these illegal stores after 
councillors said they were forced to send a "wake-up call" to the 
federal government in the absence of any direction from Ottawa. Since 
then, other communities across B.C., including Victoria, have voted 
to pursue similar regulation.

Over the past two years, Vancouver police have raided 11 dispensaries 
and stated that 16 charges have been approved against suspects 
involved in these stores. But Vancouver police have left roughly 100 
other operators alone, and repeatedly reiterated they will only raid 
dispensaries suspected of selling to minors or having ties to organized crime.

Ottawa police said in November they wouldn't wade into a "legal grey 
zone" to shut down a dispensary that made headlines when it opened in November.

The face-to-face sale of cannabis products is illegal, remaining 
outside of the licensed federal medical marijuana system. Only 
mail-order sales by about 20 commercial growers are overseen by Health Canada.

Mr. Lowe's office has no jurisdiction over B.C.'s various RCMP 
detachments, some of which have cracked down on illegal dispensaries 
in recent months. Representatives with the RCMP did not return calls 
for comment Tuesday on whether Mounties have a clear policy on dispensaries.

Constable Ian MacDonald, spokesman for Abbotsford's municipal police 
force, said his department has not yet drafted any policies 
concerning the Fraser Valley community's lone cannabis dispensary, 
which the city has taken to court for violating a bylaw banning 
marijuana sales.

"To this point, the first response to those types of operations has 
been led by the mayor and council," he said.

The OPCC's recommendations were in response to two complaints by 
Pamela McColl, a spokeswoman for Smart Approaches to Marijuana 
Canada. Both complaints were dismissed by the Victoria and Vancouver 
police boards.

In the past year, Ms. McColl has been filing complaints with 
municipal, provincial and federal authorities to try to stop 
dispensaries across Canada that her group says will only increase 
young people's access to the drug.

Up until now, the majority of Canada's roughly 150 pot shops have 
been concentrated in Vancouver and Victoria.
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