Pubdate: Wed, 29 Jun 2016
Source: Peninsula News Review (CN BC)
Copyright: 2016 Black Press
Contact:  http://www.vicnews.com/eeditions/
Details: http://www.mapinc.org/media/1373
Author: Steven Heywood

POT SHOP APPEALING SUSPENSION

Sidney Put Hold on Business Licence After Dispensary Raided

Proponents of the Dispensary-by-the-Sea are trying to convince the 
municipality to get in on the ground floor of changes to how people 
access medicinal marijuana in this country.

That is, how supporters of pot dispensaries hope the laws will change 
in Canada, once the federal Liberals get around to proposing new 
legislation on how users can access their supply.

The Dispensary-by-the-Sea was raided by the RCMP earlier this spring. 
They had, according to police, been operating contrary to the 
Controlled Drugs and Substances Act. As well, Health Canada 
regulations state that the only way registered users can get 
medicinal marijuana is through the mail, directly from a licenced producer.

As a result of the raid, the Town of Sidney suspended the 
Dispensary's business licence. They had been granted one, based on 
their assertion they were operating as a health and wellness office. 
Sidney told the PNR last year that they would not issue a license to 
a pot dispensary, as it was technically illegal.

Dispensary spokesperson Chris Porter was expecting to go before town 
council to argue their case, however that appears to have been 
delayed this week.

In an interview with the News Review, Porter said the Supreme Court 
of Canada ruled in February that Ottawa must come up with new laws to 
guarantee access to medicinal marijuana. He and others like him are 
hoping those new laws clear the way for storefront dispensaries - and 
hundreds of the shops have already been showing up in cities across 
the country.

"A lot of this is still hush-hush for many people as a result of 
(medicinal marijuana's) legal status," he said, adding he will be 
urging Sidney to change its own business licencing bylaw to reflect a 
coming change.

Sidney's Senior Bylaw Enforcement Officer Keith Blott stated in a 
report to council in May that the Dispensary-by-the-Sea's business 
licence "does not authorize any use of the premises for any activity 
that contravenes any federal or provincial statute or regulation."

Blott said that based on the Dispensary's Facebook posts, it was 
clear "they are in the business of supplying medicinal marijuana to 
their clients. Under federal law this is not permitted ... and is a 
clear violation of the terms of their business licence ..."

His report recommended that the council revoke the licence outright.

Porter asserts, however, that Sidney could be left behind once the 
federal government changes the laws. It's this angle he plans to 
argue in order to convince the town not to revoke the licence.

While he does acknowledge that current laws are stacked against 
dispensaries - and many on the Island have been raided by police - 
Porter said everyone is operating in a large grey area between the 
court ruling and any new legislation.

"Now, we are trying to convince Sidney that change is coming and that 
the Dispensary-by-the-Sea is actually legal, due to the mandate set 
forth by the Supreme Court.

"How do you prepare for something that's coming?"

Porter said he sees the medicinal marijuana industry in Canada taking 
shape much like the government liquor stores in B.C. came into being, 
followed by the craft brewing explosion. He said there will be large 
producers to meet the demand, with smaller "craft" producers - many 
of which are springing up now in anticipation of change.

Porter added he hopes Sidney council will at least discuss the issue, 
with the goal of not revoking their business licence. He added while 
their licence has been suspended, the Dispensary is only offering 
education to its clients and not actively dispensing.

The debate at council had originally been set for June 13 but was 
delayed to June 27. Monday's council agenda, however, did not include 
any speaker or presentation from Dispensary-by-the-Sea.
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MAP posted-by: Jay Bergstrom