Pubdate: Mon, 15 Aug 2016
Source: Penticton Herald (CN BC)
Copyright: 2016 The Okanagan Valley Group of Newspapers
Contact:  http://www.pentictonherald.ca/
Details: http://www.mapinc.org/media/664
Page: A1

MARIJUANA DISPENSARIES COME UNDER MICROSCOPE

Two local operators to appear in front of city council tonight

Two more Penticton marijuana dispensaries are set to come under public
scrutiny.

The operators of Avitas Pharmaco and Green Essence are scheduled to
appear tonight at special hearings in front of city council to appeal
suspensions of their business licences. Both are expected to argue the
city is overstepping its boundaries by shutting them down.

"Federal legislation does not specifically disallow or regulate the
sale of medical marijuana in store front dispensaries," Green Essence
owner Melissa Oslowy wrote in a letter to council advising of her
intent to appeal.

"The sale of medical marijuana and medical marijuana products in store
front dispensaries falls under federal jurisdiction. City council and
municipalities do not have the authority to enforce federal
jurisdiction."

Robert Kay, founder and CEO of Avitas, argued in his letter it's
"unconstitutional to deny safe access to people that hold a federal
exception for medical cannabis for medical authorization from a
licensed practitioner or licensed producer."

In one of his reports to council, however, the city's building and
permitting manager suggests the law is quite clear on the issue.

"The sale of marijuana and related products… is in violation of the
Controlled Drugs and Substances Act of Canada. The city does not issue
business licences for unlawful or criminal activities," wrote Ken Kunka.

"No court decision has approved the unregulated sale of marijuana and
cannabis products from store front operations…. Even if the (marijuana
for medical purposes regulations) are unconstitutional, the sale of
marijuana and cannabis products… continues to violate the Controlled
Drugs and Substances Act."

Kunka's report explains Avitas, located at 150-1636 Main Street,
received a business licence in November 2015 for "professional
consulting - intake centre for (medical marijuana access regulations)
and licensed producers."

Bylaw officers began investigating the business in April, before
suspending its licence in July. The shop has since closed pending the
outcome of the appeal hearing.

Green Essence, at 409 Martin Street, was issued its business licence
to sell "general merchandise" on June 2, but it was suspended just 28
days later. The store continues to operate and has been hit with at
least one $250 fine.

Neither of the shops has been the subject of any "direct complaints"
from nearby business or residents, according to the staff reports.

Tonight's appeal hearings follow one held July 19 for the Rush In and
Finish Cafe on Westminster Avenue. Council cancelled the cafe's
businesses licence at the conclusion of that session.

However, owner Jukka Laurio told The Herald last week his shop is
still open, despite accumulating fines of $1,000.

Also at that July 19 hearing, council instructed staff to return with
a report in September with recommendations and an outline of how other
communities are dealing with the issue.

Health Canada last week amended its regulations to allow patients who
are authorized by their doctors to use cannabis to grow their own
supply. They can also designate a third party to grow it for them or
order it by mail from one of 34 licensed producers across Canada.
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MAP posted-by: Matt