Pubdate: Fri, 26 Aug 2016
Source: Vancouver Sun (CN BC)
Page: A8
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Keith Fraser

DELTA POT SHOP MUST SHUT DOWN, JUDGE RULES

The B.C. Supreme Court says that a marijuana shop in Delta is in 
violation of local bylaws and has ordered it shut down.

In her ruling granting the Corporation of Delta a permanent 
injunction against the WeeMedical Dispensary Society, Justice Shelley 
Fitzpatrick found that the store lacked a business licence and 
contravened zoning bylaws.

The judge noted that although the federal government has indicated 
that it intends to bring in new marijuana laws, the operation of a 
medical marijuana retail dispensary as run by WeeMedical is currently 
not allowed under the criminal law. "I have no idea where the federal 
government is in that process," said the judge. "It appears to be 
moving in that direction, but when it might get to that point is 
anyone's guess. Further, it is as yet unknown what any new legal 
regime will look like."

Court heard that WeeMedical, which has 23 marijuana dispensaries 
across Canada including 13 in B.C., opened for business in Delta in 
April and applied for a business licence in May but was refused. It 
applied for a reconsideration of the decision but was again refused.

Delta, which also argued that the shop was in contravention of a 
zoning bylaw requiring that medical marijuana production be limited 
to premises on the Agricultural Land Reserve, issued various offence 
notices and tickets to WeeMedical. As of June 1, fines amounting to 
$11,900 had been issued. The fines are being appealed, according to the ruling.

A director with the society pointed out in court that some of the 
B.C. jurisdictions where WeeMedical also operates have not taken the 
same position as Delta, including Vancouver, where city council is 
regulating such operations rather than banning them.

The judge noted that the director was frank in admitting that she 
wanted to "push the envelope" and maybe push the federal legislative 
agenda along.
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MAP posted-by: Jay Bergstrom