Pubdate: Fri, 15 Jul 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

SIDNEY MARIJUANA DISPENSARY GETS A REPRIEVE

Sidney's Dispensary by the Sea will not lose its business license 
outright and the municipality will investigate what other communities 
are doing about the proliferation of medical marijuana store fronts.

Chris Porter, a director with the society that runs the Dispensary, 
says the decision by Town council Monday night to not revoke their 
business licence puts them in a better position. The licence is still 
under suspension and they cannot open their doors, but Porter said 
they find it positive that Councillor Erin Bremner-Mitchell has taken 
it upon herself to research what other cities are doing by allowing 
such dispensaries to operate.

I want to know what our options are," she said during Monday's 
council meeting. "What are other municipalities doing?

Both Porter and Jason Heit, another Dispensary director, appealed to 
council to re-instate their business licence after it was suspended 
this spring. That happened after the Dispensary on Second Street was 
raided by the RCMP and an arrest was made.

To date, both parties say no charges have been filed by the Crown in 
the matter.

Heit called on council to look at how they can regulate medical 
marijuana dispensaries like theirs, as the issue is not going away.

The federal Liberal government recently formed a task force on the 
issue of their election campaign promise to legalize additional 
aspects of medicinal marijuana, including how it can be accessed by 
the public. For Porter, that access was guaranteed by the Supreme 
Court of Canada decision in February which made access to the product 
a right, giving the federal government a deadline to create new legislation.

In the meantime, however, it is still illegal under the existing 
Health Canada regulations to operate storefront medicinal marijuana 
dispensaries. The conflicting positions taken on the issue have 
created a gray area, where a flood of dispensaries have opened up on 
the west coast, ostensibly testing the waters early.

Coun. Tim Chad, backed by Coun. Mervyn Lougher-Goodey and Mayor Steve 
Price came out clearly on the side of the current laws, saying the 
Sidney Dispensary contravened its licence with illegal activities, 
resulting in the police action.

Coun. Peter Wainwright countered that since there had been no charges 
yet, the Town was not in a position to revoke their license.

"Under their license, they still cannot do anything illegal and 
enforcement is up to the RCMP," he said. "By leaving them in limbo, 
we're still not allowing them to do anything."

Bremner-Mitchell said she wanted to know what options Sidney has, 
based on what other municipalities are doing. She volunteered to 
research that herself, after Town staff rebuffed the idea.

"This is now beyond the scope of the Town," said Chief Administrative 
Officer Randy Humble. "It's getting into federal jurisdictions. I'm a 
little befuddled about what staff are now expected to come up with in 
regards to specifics (in the Town's business licensing for Health and 
Wellness Offices)."

He added the matter was made clear back in the early spring when the 
Dispensary applied for the license - that they could do nothing 
illegal or risk losing the licence.

Wainwright suggested giving Bremner-Mitchell until the next council 
meeting in early August to do the research.

Porter said while the decision still means their business licence in 
Sidney is suspended, he's hopeful the Town will give the issue more thought.

"At this point, we are being patient," he said. "We will work with 
council and staff where we can and we won't pursue any action against 
the Town for a lack of action."

The Dispensary is still paying rent on their space in Sidney but 
Porter said they now feel the council - while still split on the 
matter - is open for further debate.
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MAP posted-by: Jay Bergstrom