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. - --- MAP posted-by: Jay Bergstrom