Pubdate: Fri, 27 Jan 2017
Source: Cowichan Valley Citizen (CN BC)
Copyright: 2017 Cowichan Valley Citizen
Contact:  http://www.canada.com/cowichanvalleycitizen/
Details: http://www.mapinc.org/media/4349
Author: Robert Barron

CONFUSION: MARIJUANA LEGAL LIMBO FRUSTRATING FOR EVERYONE

The owners of Green Aura, a marijuana dispensary in Chemainus,
received another $200 ticket from the Municipality of North Cowichan
last week.

It's the second ticket from bylaw officers in a matter of weeks for
the dispensary, given for not having a business licence, and co-owner
Trevor Pewarchuk said he's "frustrated" with the municipality and the
failure, so far, by the federal government to legalize marijuana.

It's a sentiment shared not only by other pot dispensaries in the
Cowichan Valley, but by many local officials as well.

Alistair MacGregor, the NDP MP for Cowichan-Malahat-Langford, is also
raising concerns around the proliferation of pot dispensaries in his
riding, and blames the Trudeau government for the confusion
surrounding pot laws across the country.

"The municipality has made it clear where it stands on this issue, but
so have we, and we made it clear to the bylaw officer who delivered
the ticket that we have no intention of closing down operations here,"
Pewarchuk said.

"We were excited with the recommendations from the [federal] task
force [in November], and we believe that the legalization of marijuana
is on the horizon. But the federal government is dragging its feet on
the issue and is encouraging raids on dispensaries and law enforcement
against them."

The Liberal government has promised to table legislation to legalize
marijuana for recreational use by this spring, although it still
remains unclear when pot will be taken off the prohibited list for the
first time since 1923.

The federal task force recommended in its 106-page report that
storefront and mail-order marijuana sales should be available to
Canadians 18 years of age and up.

There are at least six marijuana dispensaries currently operating in
the Cowichan Valley.

Chris Clay opened Mill Bay's Warmland Medicinal Cannabis Centre 18
months ago.

Unlike Green Aura, Warmland is in the Cowichan Valley Regional
District, where business licences are not required for stores to
operate, so the dispensary is not having the same problems with bylaw
officers over licensing.

Clay said he had one visit from the RCMP since the dispensary opened,
but no legal action was taken and no arrests were made.

"We're very careful at the dispensary, where membership is required,
and have become quite imbedded in the community since we opened," he
said.

"But it is frustrating that the federal government is taking so long
to complete this process, and that people still continue to get
criminal records for marijuana offences. It should have been at least
decriminalized by now."

Clay said that even if Ottawa legalizes marijuana by this spring, as
planned, it will then be passed on to the provinces to legislate,
which could take considerably longer.

"But we do have a provincial election coming up in B.C. and if the NDP
win, I expect we'll see a lot more leniency in regards to marijuana
then we would from another Liberal government in Victoria," he said.

While local RCMP detachments have been monitoring the dispensaries in
the Valley, they have yet to conduct any raids, unlike what's happened
in other communities on Vancouver Island.

But Cpl. Tammy Douglas, a spokeswoman for the Island's RCMP, said in a
statement there is no "legal mechanism" in Canada that allows for
dispensaries or compassion clubs to sell marijuana to the public.

"That's regardless of whether or not the purchasing individuals have
licences to possess marijuana, or whether or not the vendor has a
licence to produce marijuana," Douglas said.

"Businesses and 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."

Jon Lefebure, who is both the mayor of North Cowichan and chairman of
the CVRD, agreed that while the federal government is working towards
the legalization of marijuana, the sale of pot is still illegal in
Canada at this time.

"My personal opinion is that the sooner the federal government comes
to some resolution to this issue, the better," he said.

"I'm hopeful that structures for the regulation of this industry will
be put in place, like it is for alcohol, if it finally becomes legal.
That would certainly help clarify things for businesses and the public
in the region."

MacGregor is also criticizing Ottawa over the long process and delays
in the promise to legalize marijuana in Canada.

He said his constituency office has been inundated over the last few
months with complaints from people in the riding who are concerned
about the growing number of dispensaries that are opening up in the
region without receiving the proper approvals and licences from local
governments.

He said the Trudeau government has contributed to the "significant
amount of confusion" that exists around the issue.

"I've spoken to constituents who thought marijuana became legal the
day Prime Minister Trudeau was elected because of his promises, and
I've spoken to law enforcement officials who have at times been unsure
as to whether to enforce against marijuana infractions," MacGregor
said.

"I've spoken to local government officials who have varied opinions on
whether business licences should be issued to dispensaries, and I've
spoken to licensed medical-marijuana producers who have made
significant capital investments to comply with federal laws, and are
threatened by those who don't."

MacGregor said the previous law-and-order approach to marijuana did
not work and contributed to a significant black market controlled by
criminal enterprises.

"I support the government's plans to legalize and regulate marijuana,
and I will be looking forward to the introduction of this legislation,
hopefully in the near future," he said.
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MAP posted-by: Matt