Pubdate: Tue, 24 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

VANCOUVER'S DISPENSARIES REMAIN OPEN

City acknowledges it could take more than a year to gain full
compliance from 61 pot shops, which could still be open in 2017

When Vancouver's marijuana bylaw came into effect, the city promised a
swift crackdown that would dramatically reduce the number of illegal
pot shops in the city. Operators can face fines that start at $250 a
day, potentially grow to $10,000 and end in court injunctions.

But almost a month into enforcing its landmark rules, the city
acknowledges it could take more than a year to gain full compliance
from 61 dispensaries, which remain open after losing out on the new
licensing process. Some of them pledged to dispute each ticket and
launch lawsuits of their own. Those illegal shops could still be open
next spring, when the federal Liberal government has promised to table
legislation legalizing the sale of recreational cannabis. The new laws
are expected to prevent such sales in dispensaries. As of late last
week, Vancouver had issued each of these 61 offending businesses at
least one $250 ticket for a total of 139 violations.

Andreea Toma, the city's director of licensing, said there is no
timeline for shutting down these shops, but an "across-the-board"
approach of escalating penalties, including court injunctions, will
eventually be successful.

"Enforcement is enforcement, there is a strategy behind it, we're not
coming at this being naive, we are thinking about this, we are trying
to be strategic and calculated in terms of what's going to give us the
best result," Ms. Toma said. "We need to continue because we've made a
commitment to the taxpayers, residents and the business community that
this would be a fair and consistent process, and when we enacted the
bylaw we knew that enforcement was part of it."

The fact that 12 of those tickets have been handed out over the past
seven months to one shop that has remained open, despite never
entering into the licensing process, underscores how difficult the
process can be, she said.

Ms. Toma said the city has not filed for an injunction against this
shop, which she would not name, but has been preparing for that next
step "in terms of the information that we need to gather."

Vancouver has had similar trouble forcing its two hookah lounges to
shut down for violating the city's health bylaw - which bans all
indoor smoking or burning of substances in commercial
establishments.

The owners of the Persian Tea House and Ahwaz Hookah House were
charged in 2009 for this violation.

Today, both lounges defiantly remain open after their appeal failed in
the Provincial Court last summer and they were ordered to close within
30 days. Ms. Toma said enforcement action against those businesses is
ongoing.

Kirk Tousaw, a lawyer who helped force the government into an ongoing
overhaul of its existing medical marijuana system in February, said
the strong sales in these dispensaries show many people support them
and that the ruling Vision Vancouver party is loath to create a
political problem by attacking them with too heavy a hand.

"They've got to walk a pretty fine line, so I'm not surprised it's
taking a long time to achieve compliance," said Mr. Tousaw, who is
representing a handful of dispensaries now fighting the city to
re-enter the licensing process. "In some respect, that's a good thing.

"This is new ground for everybody; I don't know why anybody would be
in a rush to see things happen."

Last week, Councillor Melissa De Genova's motion requesting detailed
monthly updates on the enforcement was referred to staff. Among other
data, her motion asked for a tally of how many bylaw officers are
engaging in enforcement and how much it costs the city each month to
go through with these actions, and what any lawsuits involving these
pot shops are costing Vancouver.

The city's approach to regulating the sector, which is illegal because
it operates outside the federal mail-order medical marijuana system,
contrasts with Toronto's recent pledge to crack down on the landlords
of the more than 100 stores that have opened in recent months.

Toronto bylaw enforcement officers were out last week delivering
notices to landlords of these shops, warning them that they could face
stiff fines if they don't kick out their tenants, who are violating a
rule prohibiting these businesses. (City staff will unveil their
recommendations on regulating the sector next month.)

Ms. Toma said, under its existing bylaws, Vancouver can only take
action against the specific dispensaries for these violations, but
added that landlords have also been getting notified when a shop is
ticketed.

"We have a number of landlords [who have contacted city hall and
asked], 'What do you want me to do? You want me to evict [them]?' "
Ms. Toma said. "[We tell them,] 'Really that's up to you and the level
of risk that you're comfortable to take.' "
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MAP posted-by: Matt