Pubdate: Fri, 12 Aug 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 REVOKES POT DISPENSARY LICENSE

Town won't consider changing rules until a review of their strategic
priorities

Changing Sidney's business license bylaw to include medicinal
marijuana dispensaries appears to be work Town council doesn't want to
do.

Council voted on Monday night instead to revoke the license of the
Dispensary by the Sea on Second Street, citing the fact that the
business had been selling cannabis products - contravening not only
the Town's bylaw but federal laws as well.

Councillor Erin Bremner-Mitchell says she researched three other
municipalities that had decided to adjust their business license bylaw
to accommodate marijuana dispensaries. She had, at council's July 11
meeting, spoke in support of the Dispensary by the Sea by suggesting
the Town look into ways to allow the business to function during a
time of transition - rather than revoke their business license outright.

The federal government has promised to change laws regarding the
legality of medicinal marijuana and how people access it. That stemmed
from a court decision in February on people's right to access
medicinal cannabis products.

Since then, dispensaries have sprung up in communities across B.C.,
creating challenges for towns and cities not prepared for them. Those
dispensaries that sell cannabis products from a storefront are
technically in violation of the law. Health Canada regulations
stipulate that registered medicinal marijuana users can only access
the product directly by mail from a licensed producer.

Bremner-Mitchell on July 11 had been rebuffed by Town staff, whom she
asked to look into changing the local bylaw. Instead, she volunteered
to look into the options and report back this month.

"I researched only three places," she said. "It requires debate and
public discussion (to make) amendments to local bylaws.

"Next, there is a long list of staff priorities and projects … we
should delay this until council handles its strategic priorities (list).'

Bremner-Mitchell suggested council defer the matter until after the
federal government changes the laws and said in the meantime she
supported the staff recommendation to revoke the Dispensary's business
license.

Coun. Peter Wainwright agreed that what the Dispensary was doing was
technically illegal.

"I don't see that they are doing anything other than supplying people
(who have) a prescription with this material," he said.

Wainwright added he also didn't see the sense of turning away a local
business, forcing people who use the service to go into Victoria.

Bremner-Mitchell countered that making a change to the bylaw would set
a precedent, as the business in question was operating outside of the
parameters of their business license.

Council voted 6-1 to revoke the license, Coun. Cam McLennan and
Barbara Fallot changing their vote on the issue, compared with their
support for Bremner-Mitchell's research during the July 11 council
meeting.

Council also elected to review the concept of changing its licensing
bylaw to accommodate medicinal marijuana dispensaries when it next
reviews its strategic priorities list.
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MAP posted-by: Matt