Pubdate: Tue, 03 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: Mike Hager
Page: S1

VICTORIA COULD ALLOW 'EDIBLES' AT CANNABIS DISPENSARIES

The City of Victoria is considering rules for its illegal cannabis 
dispensaries that would be more permissive than Vancouver's landmark 
bylaw, permitting the sale of controversial "edibles" and allowing 
pot shops to be located closer to schools.

Medical marijuana advocates in the provincial capital praised the 
draft rules for the city's 32 existing dispensaries, which will be 
voted on by council later this week. The new proposal comes as 
officials in Vancouver began cracking down on dispensaries, handing 
out tickets to nearly two dozen shops over the weekend.

Victoria is poised to become the second Canadian city to regulate 
dispensaries, which have proliferated in areas where municipal 
officials and police departments have taken a hands-off approach. 
Advocates say Canada now has about 300 dispensaries, which operate 
outside of Ottawa's mail-order medical marijuana system.

The changes at the municipal level are taking place as a federal task 
force prepares to begin crafting legislation to legalize recreational 
marijuana, which could happen within two years.

Victoria's proposed rules would allow dispensaries to sell edibles 
and operate 200 metres from schools and other pot shops. In 
Vancouver, city hall adopted rules that keep the shops 300 metres 
from such sensitive locations and also banned edibles after 
concluding baked goods and candies infused with cannabis were too 
attractive to children.

Mayor Lisa Helps said her city's rules are not much looser than 
Vancouver's, despite recommending a business licensing fee of about $ 
5,000 for successful applicants, compared with the $ 30,000 that for- 
profit shops in Vancouver must pay. Under provincial law, she said 
her city can only charge enough to recover the costs of regulation, 
while Vancouver has the ability to "charge whatever the heck they 
want" under its own special charter.

Ms. Helps said the bylaw does not prohibit the sale of edible 
products because that responsibility would fall to the Vancouver 
Island Health Authority, which regulates food-production facilities.

"Our staff are very wise to not get the city into regulating things 
in which it has no business regulating," she said in an interview on Monday.

While it's not clear how dispensaries will be treated under federal 
legalization, both Vancouver and Victoria say they are pressing ahead 
with regulation because any land-use rules they create now will 
eventually apply to any form of storefront sales.

Dieter MacPherson, president of the Canadian Association of Medical 
Cannabis Dispensaries, a trade association, applauded Victoria's 
"very measured approach" to edibles. In their report, city staff 
acknowledged the need to adhere to last year's Supreme Court of 
Canada decision - which was in favour of a Victoria-based advocate - 
that forced the government to allow the sale of ingestible medical marijuana.

Activists such as Mr. MacPherson were upset when Vancouver allowed 
the sale of cannabis oils but not baked goods, butters or candies, 
which they argue are safer and more effective for many sick Canadians 
than smoking the drug.

Mr. MacPherson said Victoria had the benefit of learning from 
Vancouver's approach, as well as making its rules under a less toxic 
political climate after the federal Liberals were elected last fall 
promising to legalize recreational use of the drug.

"Blazing a trail is always going to be more difficult than 
following," said Mr. MacPherson, who also works for one of the 
country's oldest dispensaries, the Victoria Cannabis Buyers Club. 
"But I will give credit where credit is due. ... Council and staff 
were very engaged with the [ medical marijuana] community, and we had 
ample opportunity to speak to each individual issue and the bylaws as 
they were being drafted."

Under the new rules, none of Victoria's existing dispensaries would 
be too close to schools, but many would be clustered too close to 
each other, and all would have to go through a separate rezoning 
process where neighbours could weigh in on their businesses.

Meanwhile, Vancouver bylaw officers were out in force this past 
weekend, ticketing 23 dispensaries up to $ 250 for each day they 
operate outside of the ongoing city process, which is expected to 
hand out its first business licence later this month. The city is 
pursuing stronger fines and gathering evidence for court injunctions 
to stop those that remain open - even if they are awaiting an appeal 
on their licensing application. Another 22 stores voluntarily closed 
down over the weekend, city staff said.

Twenty have passed at least the first stage of the licensing process, 
and city staff are reviewing another 19 applications for dispensaries 
that are too close to one another to decide which might be able to 
remain open. All of those are permitted to remain open in the meantime.
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MAP posted-by: Jay Bergstrom