Pubdate: Wed, 22 Nov 2017
Source: Daily Courier, The (CN BC)
Copyright: 2017 The Okanagan Valley Group of Newspapers
Contact:  http://www.kelownadailycourier.ca
Details: http://www.mapinc.org/media/531
Author: Ron Seymour
Page: A2

KELOWNA, WEST KELOWNA DIFFER IN CAMPAIGNS AGAINST POT SHOPS

West Kelowna floods shops with fines, while Kelowna takes them to
court

The City of West Kelowna has issued $60,000 in fines to the operators
of pot shops since Nov. 1, but none of the tickets has been paid.

Bylaw officers regularly visit the five stores that sell marijuana,
handing out $1,000 tickets each time for not having a business
licence, city spokesperson Kirsten Jones says.

But the City of Kelowna has opted for a different approach in trying
to force the closure of five pot shops operating without a business
licence in that municipality.

Over the past few months, one ticket was issued to the operators of
each pot shop. Now, the City of Kelowna is seeking a court injunction
to force the shops to close down.

Little point is seen by Kelowna officials in having bylaw officers
repeatedly visit the pot shops to issue fines when experience suggests
the tickets will not be paid, director of inspection services Rob Mayne 
says.

"Our bylaw officers are extremely busy," he said. "We have to
prioritize what we want them to be doing. A ticket has been issued.
Now, we feel the courts are the better venue to take action."

Mayne doesn't believe the city's application for a court injunction to
force closure of the pot shops will result in a hearing until sometime
in 2018.

Currently, the sale of marijuana, even to those who hold a doctor's
prescription to use the drug for health reasons, is illegal, which is
why many municipalities are taking various measures to close pot
shops. But marijuana will be legalized by the federal government next
July.

When West Kelowna council rescinded the pot shops' licences in
October, a lawyer representing one of the businesses appealed for the
municipality to hold off on such action until regulations for the
distribution and retail sale of the drug were set by the provincial
government.

"Is it illegal by the letter of the law? Yes it is," said lawyer David
Towil, appearing on behalf of The Healing Company, a pot shop on
Stevens Road. "(But) maintaining the status quo for this business
makes a lot of sense. If the province comes out with a distribution
model that makes this business illegal, that's the end of it."

Through a now-concluded public consultation process, West Kelowna
councillors said they would like to see the distribution and retailing
of marijuana controlled by the government, as alcohol used to be, with
no room for private stores.

But Kelowna councillors suggested a different approach, recommending
both government stores and privately owned businesses be allowed to
sell pot once the drug is legalized. However, they asked that
municipalities be able to set rules on where pot shops be permitted.

Despite that position favouring the private-sector involvement, Mayne
said it still makes sense for the city to pursue the injunction to
shut down the currently operating pot shops.

"We don't know what kind of distribution model is going to be set by
the province," he said. "We can't presume that the kind of
dispensaries that operate today will be allowed. We have to manage the
situation we have in front of us."

For his part, West Kelowna Mayor Doug Findlater says the frequent
issuance of the $1,000 tickets was decided on as a way to try to get
the pot shops to close down voluntarily.

"We'd hoped to get voluntary compliance," he said. "Seeking a court
injunction is the next step."

Even if the provincial government creates room for private stores to
sell marijuana after next July, Findlater said his expectation would
be that the operators of existing pot shops would not be among those
permitted to sell the drug.

"These people have a track record of doing something that's both
illegal under federal law and which is against municipal bylaws,"
Findlater said. "Why would a licence be issued to these kind of guys?"
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MAP posted-by: Matt