Pubdate: Thu, 19 Jan 2017
Source: Victoria Times-Colonist (CN BC)
Copyright: 2017 Times Colonist
Contact:  http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481

POT SALES SHOULD FOLLOW LAW

West Shore RCMP were justified in closing a newly opened marijuana
dispensary in Langford. While the federal government is in the process
of bringing in new legislation on marijuana, no one has the right to
break federal or municipal laws, and that's what the pot shop was doing.

The Green Tree marijuana dispensary opened on Monday, despite warnings
from city officials that it would be shut down, as it did not have a
business licence, and Langford has no bylaws allowing the sale of marijuana.

RCMP said it's illegal for medicinal marijuana dispensaries or
compassion clubs to sell marijuana to the public, regardless of
whether customers have medical licences to possess marijuana or the
vendor has a licence to produce.

"Businesses and/or individuals operating in contravention of the
[Controlled Drugs and Substances Act] and Health Canada regulations
may be subject to investigation and criminal charges in accordance
with Canadian laws," said West Shore RCMP spokesman Const. Alex Berube.

There's no question Canada's marijuana laws need to be changed. For
too long, people have been unfairly criminalized for using a substance
that many say is less harmful than alcohol, which is legal.

The case for decriminalization is strong. And there's ample evidence
that marijuana derivatives can be helpful for some health conditions.
One plank in the federal Liberals' platform in the 2015 election was a
promise to "legalize, regulate and restrict access to marijuana."

The legislation hasn't been hammered out yet, but that hasn't stopped
pot shops from popping up all over, creating a headache for
municipalities. How do you regulate something that is still illegal
under federal law?

In setting up shop, marijuana shops took advantage of a bizarre
situation in Canada where laws against possession of marijuana are not
being enforced - at least in some places.

The courts have said that the medical-marijuana laws didn't give
enough access to patients, so the dispensaries started opening up in
the grey area.

However, every business requires a licence from the municipality where
it operates. Shops that sell marijuana must be subject to the same
rules.

After the number of marijuana-related businesses in Victoria grew to
35 from four in less than two years, the city brought in regulations
specifying distances between shops, hours of opening, licence fees,
odour control, security measures and a host of other factors.

That still puts Victoria at odds with federal law, but at least it
brings a semblance of order to a bizarre situation.

While we wait for the new laws, we can't throw the door wide open to
marijuana sales. Health Canada allows the production and sale of
medical marijuana, under stringent conditions.

So-called dispensaries aren't operating in accordance with those
regulations. Customers have no idea about the quality or potency of
the marijuana they buy. Unlike pharmacists, operators of pot shops
have not been trained in the preparation and dispensing of
medications.

We hope that Ottawa will heed the advice of a group of doctors,
patients, health charities and scientists who have urged the
government to study the health effects and potential therapeutic
benefits of medical marijuana.

The Medical Cannabis Research Roundtable issued a report in 2016 that
calls on the government to invest $25 million over the next five years
for research. That amount is probably too modest.

There's hope the federal government will soon straighten out this
mess. A federal task force on marijuana legalization released a report
in December that recommends allowing storefront and mail-order sales
to people 18 and older, with personal growing limits of four plants
per person and a 30-gram limit on personal possession.

Meanwhile, municipalities have the right - and the obligation - to
enforce their own bylaws.
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MAP posted-by: Matt