Pubdate: Sat, 29 Oct 2016
Source: Ottawa Citizen (CN ON)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.ottawacitizen.com/
Details: http://www.mapinc.org/media/326
Author: Jacquie Miller
Page: A3

BYLAW OFFICERS THE LATEST GROUP TO HIT POT SHOPS

Dispensaries deemed 'retail stores,' leading to zoning violation
notices

Ottawa bylaw officers are the latest authorities to take a swat at the
pot shops popping up around town.

Two dispensaries have received notices of zoning violations for
operating "retail stores" in industrial zones. City inspectors are
also investigating the takeout window in a boarded-up pot shop to see
if the operation violates the building code.

It adds another piece to the puzzle over what can - or should - be
done about the illegal dispensaries. There are now 17 pot shops in
town.

Police are investigating them, but have not raided any. They've leaned
on pot-shop landlords, sending letters warning them about police
action and possible seizure of properties. Several landlords,
meanwhile, say it's unfair to put the onus on them to get rid of
tenants operating illegal businesses.

City bylaw officers have generally taken a hands-off approach. The
dispensaries have not been issued business licences because there is
no provision for illegal businesses. Even councillors who have called
on the pot shops to be closed acknowledge it would be problematic for
the city to create new bylaws to regulate them because that would
legitimize their operations.

However, over in the city zoning department, the dispensaries have
been deemed to be "retail stores," say councillors Keith Egli and
Riley Brockington, who are both dealing with public complaints about
dispensaries in their wards.

That led to the zoning violation notices.

The Ottawa Cannabis Dispensary on Laperriere Avenue in Ottawa's west
end was notified that it violates the industrial zoning for the
street, said Brockington. The small building, painted bright green, is
owned by the family that operates the autobody business on the property.

The business will continue to operate, said dispensary manager Neil
Hanniman.

He knows police are also investigating the dispensary because
undercover officers have unsuccessfully tried to buy marijuana, said
Hanniman, an activist who campaigns for cannabis legalization. "How
many times have the narcs been here? A dozen?" he calls out to a
fellow staffer.

Hanniman said the dispensary sells only to patients who have been
approved by Health Canada to use medical marijuana, and that it is
helping people.

In his estimation, the shop is not even illegal. Canadian courts have
repeatedly ruled that patients have the right to "reasonable access"
to medical marijuana, and he is providing it, said Hanniman. Medical
marijuana is legal if purchased from a producer licensed by Health
Canada and sent by registered mail.

The other shop that received a zoning violation notice, Magna Terra
Health Services on Iber Road in Stittsville, has a lawyer negotiating
with the city over the matter.

Spokesperson Franco Vigile said he employs a nurse and considers his
dispensary a "medical facility," which is allowed under industrial
zoning.

Vigile operates another Magna Terra dispensary on Carling Avenue. The
landlord received a letter from police two or three months ago,
warning about the consequences of allowing illegal activities there,
said property manager Pierre Rochette.

After receiving the letter, the landlord renewed Magna Terra's lease
for a year, but added a clause saying business conducted must be
legal, said Rochette. "The landlord is in a tricky position here
because they need the income."

Rochette said he has sympathy for Vigile, who poured $30,000 into
renovating the dispensary, which resembles a doctor's office. There
haven't been any complaints about the business from neighbours, said
Rochette, an assessment that is echoed by the city councillor for the
ward.

"Franco is not a drug dealer, he's a businessman," said Rochette.
"They run a very clean business. I don't see any bums there. Most of
the people that go there have nice cars, they are professional people."

Rochette said he suspects police realize it would be a waste of time
and taxpayer money to raid the dispensary.

"By the time it goes to court, marijuana will be legal."

The federal government has promised to introduce legislation to
legalize recreational pot this spring.
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MAP posted-by: Matt