Pubdate: Mon, 02 May 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: Mark Hume
Page: S1

FINES HANDED OUT TO POT DISPENSARIES

Vancouver Shops That Do Not Meet Municipal Requirements for Licensing 
Vow to Fight Bylaw Tickets 'All the Way to the Courts'

Marijuana advocates are calling on the City of Vancouver to 
deescalate what some see as a new phase of the war on drugs, as bylaw 
officers visited dispensaries on the weekend to start handing out 
$250 tickets to more than 100 unlicensed businesses.

Instead of facing police raids, as they might have in years past, the 
pot shops were handed fines for being out of compliance with zoning 
regulations brought in specifically to control Vancouver's large 
number of outlets.

Most of the businesses that were rejected for a development permit 
and licence have appealed to the Board of Variance, but in the 
meantime the city has said they have to close - or face daily fines 
for up to three infractions for each business, which could total up to $750.

The city has been warning for weeks that it was going to crack down 
on any medical marijuana dispensaries that were not in compliance, 
but defiant operators said the action wasn't fair and they would stay 
open rather than shutting down to avoid fines.

Over the past several years, a flood of new pot shops opened in 
Vancouver, prompting the city to bring in a bylaw requiring them to 
apply for a licence, which includes a $30,000 annual operating fee 
and requires them to be at least 300 metres from each other or from 
any schools.

That led to a rush of applications, but no business licences have 
been issued yet. The city has rejected 140 of the applicants, because 
the shops were not in permitted zones or did not meet distancing regulations.

"Beginning this weekend, city inspectors will start enforcement 
action of any medical marijuana-related use (MMRU) that is in a 
non-compliant location and continues to operate without a business 
licence," the city warned in a statement issued last week.

Jeffrey Simpson, who works at Weeds Glass and Gifts, said his 
dispensary on Burrard Street was served a ticket Saturday, but on 
Sunday morning he was preparing to open the shop as usual.

He said the bylaw enforcement effort was just another way for the 
establishment to try to suppress the use of marijuana.

"The war on drugs is continuing ... because the people with the 
vested interests in alcohol, pharmaceuticals and tobacco do not want 
cannabis legalized. They do not and that's the whole problem," Mr. 
Simpson said.

He is 82, has used marijuana for 40 years without ill affect and said 
people who want it should be able to visit clean dispensaries to buy 
it, rather than looking for it in the streets. The B.C. Pain Society, 
which operates two marijuana dispensaries in Vancouver, said it would 
not close despite the fines.

"I'm staying open. I'm willing to pay my fines. ... I'm willing to 
stay open to serve the public," Chuck Varabioff, the dispensary owner 
said in a posting on the dispensary website.

Operators at other shops called on Sunday said they were staying 
open, though they declined to speak on the record.

Ian Dawkins, a spokesman for the Cannabis Growers of Canada, said it 
is not clear how many tickets were handed out on the weekend, but he 
didn't think any operators were shutting down.

"I'm sure there is going to be one or two that are spooked into 
changing their minds but anyone who had their doors open as of [April 
29] knew this was a possibility and they are prepared to fight this 
all the way to the courts if need be," he said. "I suspect the next 
step is that the city is going to be faced with a lot of very 
well-grounded lawsuits that are going to take a lot of time and money 
away from the city's legal budget."

Mr. Dawkins said the marijuana dispensaries being ticketed opened 
before the bylaw was in place and it is incumbent on the city to work 
with operators now to find a system that is fair for everyone. "We're 
disappointed that the city is already diving into their threatened, 
heavy-handed approach," he said. "Obviously we are not entirely 
surprised because they have been making noises about this for the 
last few weeks, but it's certainly not where we thought we'd be when 
we first began this process [of developing a marijuana dispensary 
policy] with the city last year."

Mr. Dawkins said there has been "a breakdown in communication" and he 
urged city officials to sit down with operators to find a solution. 
"We've asked the city to have a moratorium on the declustering of 
these dispensaries and the threats of closure," he said.

City spokesman Tobin Postma declined comment Sunday, saying there 
will be a media availability Monday to discuss the weekend's enforcement action.
- ---
MAP posted-by: Jay Bergstrom