Pubdate: Fri, 04 Aug 2017
Source: Kamloops This Week (CN BC)
Copyright: 2017 Kamloops This Week
Contact:  http://www.kamloopsthisweek.com/
Details: http://www.mapinc.org/media/1271
Author: Andrea Klassen

KAMLOOPS RCMP ISSUES CEASE AND DESIST LETTER TO LOCAL DISPENSARY

A marijuana dispensary that drew the ire of residents living above its
Aberdeen store front is no more - and Kamloops RCMP say other pot
shops in the city should prepare for a period of apparent tolerance to
come to an end.

A note affixed to the front door of Canna Clinic on Hillside Drive
says the store closed on Aug. 1 "due to unforeseen
circumstances."

Calls and emails to the store went unanswered but RCMP Staff Sgt.
Simon Pillay confirmed to KTW police sent the shop a cease and desist
letter in July after receiving a barrage of calls from the public.
Complaints from residents included drug consumption on the property,
illegal drug sales and claims that thefts from vehicles and garages
were on the rise, though Pillay said the latter is difficult to prove.

"In this particular case, we decided let's give them a warning letter
that explains the laws because we've spoken to a lot of people - even
employees at some dispensaries - who are oblivious to what the actual
laws are," he said.

"So we thought, in the spirit of reasonableness, let's start with a
letter explaining what laws they're breaking and giving them an
opportunity to rectify that before we come in."

With the shop permanently closed a short time later, Pillay said the
tactic seems to have worked and RCMP are looking at taking action
against other storefront dispensaries in town, some of which have been
operating for more than a year.

Laissez-faire enforcement comes to an end

Until now, there's been little enforcement of dispensaries in the
city, either from police or the city of Kamloops.

That's in part due to the federal government's plans to legalize the
drug - which should happen some time next year - and the questions
which remain about how marijuana will be sold, grown and distributed
in that new reality.

"It's a very challenging situation where you have a grey area because
of the way legislation is rolling out federally," said Acting Mayor
Arjun Singh.

Property use inspector Dave Jones said the city is still waiting on
legal advice as to whether it should look at taking on the
dispensaries for operating without business licenses. Because selling
marijuana remains illegal - if only until next year - the city has
refused to issue licenses to the stores.

City councillors have resisted calls for regulations on where the
dispensaries can set up shop that would mirror bylaws in Vancouver or
Penticton. While requests have come from neighbours up in arms about
new operations - as was the case for Canna Clinic - Singh said council
has met with a dispensary owner who wanted to see the city create
rules that would allow him to operate more legitimately.

"We decided not to go down that route and part of it is we don't want
to redo [the rules] again in 2018," said Singh, who predicts
municipalities will have much work to do once the federal and
provincial government have created their regulations.

"There's a whole bunch of work that has to be done around how to
regulate it and what are the right locations," he said. "What are the
buffers from a school from a liquor store and so on. That's what we
have to figure out as an institution."

RCMP, too, were originally unsure how much time to spend on
dispensaries, Pillay said, particularly as an opioid overdose crisis
fuelled by fentanyl continues to rage across B.C.

"In Kamloops, it's gotten to the point of critical mass," he said.
"There's eight storefronts operating - or at least there was until
this week - and we are inundated with illegal grows all through this
community."

Pillay said RCMP are becoming aware of more and more grow-ops in homes
and it appears they may be driven by the demand for product at
dispensaries. In some cases, growers may have Health Canada permission
to grow the drug for medical use, but use that as a cover to grow
1,000 plants instead of the much smaller number legally allowed.

The grow-ops are a concern, Pillay said, because they often tap into
the electrical grid illegally to mask detection, creating fire risks,
and the humidity required generally destroys the home. He believes
dispensary customers are often unaware their pot isn't coming from
legitimate sources.

"When you walk up to a storefront that appears to be operating
legally, calls itself a clinic - it gives it this medical impression,
but most people don't realize there is no safe supply chain that can
go to a storefront dispensary," he said. "These are illegal grows, no
different than 10 years ago."

Police to prioritize, franchisee to 'fight'

While police have not taken action against any other dispensaries
since Canna Clinic shuttered, Pillay said other enforcement is in the
planning stages. Police will prioritize stores with links to organized
crime or prolific criminals, locations close to schools or daycares
and higher numbers of community complaints. Business practices will
also play a role.

"If their advertising appears to be targeted towards youth or targeted
towards massive consumption - like two-for-one joint days and things
like this - that also factors in to our decisions on which ones to
focus on and which ones to wait on," Pillay said.

And though Canna Clinic received a letter, Pillay said RCMP haven't
ruled out using raids or other tactics on other operations. Remaining
dispensaries contacted by KTW were largely unaware of Canna Clinic's
closure or police plans to crack down on pot shops.

Chuck McCarthy, the local franchisee of Weeds Glass and Gifts, said a
customer at his 12th Street store had mentioned the closure, which he
attributed to the shop's willingness to sell to anyone of age with ID.
McCarthy said he requires a doctors' prescription and does not condone
recreational sales and prefers to focus on chemical compounds in
marijuana that are believed to have medical benefit.

"I've got up to 87 year-old ladies coming in here and getting it for
their arthritis . . . there's nothing in there that can get you high,
but it's so good. Especially for the aging people," he said.

McCarthy said he would expect his franchise's national legal team to
come to his aid, should RCMP decide to target his business. The
company previously took the cities of Vancouver and Abbotsford to
court over orders to shut down stores, arguing they have unduly
restricted access to medical marijuana, in violation of the Canadian
Charter of Rights and Freedoms.

"We'll fight it as much as we can," McCarthy said.
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