Pubdate: Mon, 18 Apr 2016
Source: Metro (Toronto, CN ON)
Copyright: 2016 Metro Canada
Contact:  http://www.metronews.ca/toronto
Details: http://www.mapinc.org/media/3462
Author: Jessica Smith Cross
Page: 3

T.O.'S HANDS TIED ON POT DISPENSARIES

City Has Few Options Until Feds Move on Marijuana File

Tony Machado is on good terms with his new neighbours - a pot 
dispensary that's opened two doors down from his supermarket in 
Little Portugal.

It's even brought new clientele to the neighbourhood where Machado's 
been doing business for 20 years. But, with another dispensary 
located one block east and yet another preparing to open soon across 
the street, he has concerns.

"Three within two blocks, that's too many," Machado said. "If it 
becomes like Kensington Market used to be for fruits - if this 
becomes like that for marijuana - then they should do something about it."

The "they" Machado is talking about is the city. But, politicians and 
bureaucrats say their hands are tied, and they can't effectively 
manage the marijuana dispensary boom that's hit Toronto since Justin 
Trudeau's Liberals were elected. Between the party's promise to 
legalize marijuana and the time it's taken them to do anything 
substantive on the file, Toronto has been left without options for 
managing the industry.

It's a big catch-22, according to Mark Sraga, director of 
investigative services with Toronto's municipal licensing and 
standards department.

"We can't introduce a municipal bylaw that allows something that 
would otherwise still be illegal," Sraga said.

So, until the federal government takes action, the city has few 
options. If the city licensed pot dispensaries - as it does numerous 
types of businesses from variety stores to nail salons - it could 
regulate how many open in particular area and how close they are to 
places like schools.

In the meantime, no one knows exactly how many dispensaries there are 
in Toronto.

Jeff Donaldson, co-owner of Bellwoods Dispensary, Machado's 
neighbour, estimates there are at least a fifteen within easy walking 
distance of his in a square between Bathurst and Ossington and Queen 
and College.

Landlords opened their doors to dispensaries when the Liberals were 
elected, he said, realizing there was money to be made.

Donaldson spent significant time and money setting up his dispensary 
and is literally banking on a belief he'll have time to make his 
investment - and more - back before the federal government legalizes 
and regulates pot.

When the legal framework is in place, Donaldson expects it will be 
too strict for him to want to stay in business.

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Council eyes zoning infractions

While the city can't licence dispensaries, it's looking to start 
issuing zoning infractions, Sraga said.

An existing zoning law applies to federally regulated marijuana 
production facilities is being modified to encompass dispensaries as 
well. Then, the city can lay provincial charges against dispensaries.

Coun. Mike Layton, whose ward includes many of the new pot shops 
including Bellwoods Dispensary - said zoning infractions will only 
result in a minor fine that's not likely to impact the dispensaries 
that much. Issuing them, however, will be an extremely onerous job 
for the city, he said.

In Layton's view, there is little the city can do until the federal 
government has followed through with its plans.
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MAP posted-by: Jay Bergstrom