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 productsÂ… 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 operationsÂ…. Even if the (marijuana for medical purposes regulations) are unconstitutional, the sale of marijuana and cannabis productsÂ… 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. - --- MAP posted-by: Matt