Pubdate: Wed, 01 Jun 2016
Source: Province, The (CN BC)
Page: 6
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Authors: Matt Robinson and Brian Morton

POT SHOPS TAKEN TO HIGH COURT

LEGAL ACTION: Marijuana Dispensaries Ignoring City Orders To Cease
Operating

The City of Vancouver is taking defiant pot shops to court, and the
owners aren't very happy about it.

Injunctions were filed Tuesday against 17 of 55 marijuana dispensaries
that ignored orders to shut down by the end of May.

While all pot shops are illegal, city councillors directed staff to
regulate the local industry last year after scores of shops sprang up
around Vancouver.

The legal move, which would compel the 17 shops to close, comes after
city inspectors issued more than $61,000 in violation tickets to
businesses that didn't meet the city's regulatory requirements and
refused to cease operation.

Coun. Kerry Jang said another round of injunctions are coming next
week for the other shops defying civic rules.

"We gave fair warning to all the pot shops that weren't in compliance.
We issued a lot of tickets to them on a daily basis. They refused to
pay them, so this is the next step," Jang said.

Owners of the dispensaries are calling the city's move "disgusting,"
with many saying they won't abide with the injunctions and will wait
to see what happens in court.

"I think the city should stop all enforcement for closure of
dispensaries because the public supports these businesses," said Jody
Emery, who said she owns the brand for Cannabis Culture/The Healing
Tree, a shop at 512 Beatty St. included in the list. "They do no harm
and legalization is still in the works, but in the meantime, Canadians
deserve access."

"We will not be closing our doors because we believe in accessibility
and we won't discriminate against Canadians," Emery sad. "And
legalization for all use is just around the corner."

Owner Chuck Varabioff, owner of the B.C. Pain Society shop at 2908
Commercial Dr. maintains that he's "pissed" at the injunctions and
will "absolutely" remain open despite the city's actions.

"I think it's absolutely ridiculous because I have filed for a
judicial review with the Supreme Court, and as far as I know, the city
hasn't even responded yet to that petition, which was filed about four
weeks ago. It's up to the courts to decide what's going to happen. I
wasn't given a fair appeal and that's all I want."

Some of the 17 stores were chosen based on their proximity to the 10
dispensaries that have been granted municipal development permits
under the city's new regulatory scheme, according to the city. Others
were selected based on community feedback, noise or nuisance
complaints - or the response to enforcement actions to date.

Injunctions were filed against four shops whose appeals to the city's
board of variance for another crack at a business licence had been
rejected. They include: Divine Ventures, the Green Cross Society of
B.C., Vancity Medicinal Society and Chuck Varabioff's B.C. Pain
Society. Varabioff had filed for a B.C. Supreme Court review of the
board's decision.

A half dozen Weeds Glass & Gifts stores were also hit with
injunctions.

"We've worked very hard with the pot industry to make sure there's a
balance, and there are some that are just sort of trying to take
advantage of the rules right now. They wanted to be treated like any
other business, and this is exactly how we treat any other business,"
Jang said.

To date, just 31 pot shops have complied with the city's closure
order. An equal number are not subject to enforcement, they being
under review, appeal or approved for development permits. 
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MAP posted-by: Jo-D