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BC:Penticton marijuana club unlicensed by city

by papapuff » Mon Jul 17, 2017 10:17 am

City of Penticton staff recommend prohibition of marijuana dispensaries

Instead, staff recommend two of them fall into compliance as a wellness centre

KRISTI PATTONMon Jul 17th, 2017

Staff at city hall are recommending the City of Penticton prohibit marijuana dispensaries and instead recommend two of them fall into compliance as a wellness centre.

Council had deferred their decision on the extension of temporary use permits for cannabis dispensaries at their meeting on July 4 after councillors voted down a motion to deny the permits. The dispensaries were asking to extend their permits beyond the six-month trial that council voted in favour of in December.

City staff recommended to deny the extensions.

In a report that will be presented to city council this Tuesday, city staff are now recommending council give a direction for staff to work with legal counsel to permit Green Essence and Okanagan Cannabinoid Therapy to obtain compliance as a wellness centre through a consent order under the civil action process. With that, staff also recommend that council resolve to prohibit marijuana dispensaries in the City of Penticton until such time as the federal and provincial governments lawfully permit such use.

A wellness centre is a storefront that would provide information on accessing medical cannabis and lobby for marijuana legalization. The report to city council states the business could sell marijuana paraphernalia, including pipes and accessories, but can not actually sell cannabis products.

At their last meeting council heard that a justice ruled on a Abbotsford case regarding cannabis dispensaries and business license. The justice decided that the City of Abbotsford had jurisdiction to refuse a business licence on the basis of the dispensary not being lawful, setting a legal precedent for others. However, a lawyer for Okanagan Cannaboid Therapy said that same issue is being appealed at the B.C. Supreme Court, alleging the attorney general “rushed to complete conclusion.”
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by papapuff » Thu Jul 20, 2017 12:49 pm

Pot shops left to RCMP

Colin Dacre - Jul 20, 2017


Penticton’s mayor says the decision to end the city’s experiment with licensing marijuana dispensaries brings the community in line with what is going on elsewhere in the Okanagan.

Andrew Jakubeit made the comments during this week’s Mayor’s Minute, adding the steps they took seven months ago were meant to be an “in between step” until legalization took place.

“At the end of the day, the Prime Minister is still saying the sale of marijuana is illegal and it's for the RCMP to enforce.”

Jakubeit said ending the permitting system also makes it a bit more “consistent in terms of injunctive action or for the RCMP.”

He pointed to a trio of letters sent in March by the Penticton RCMP, ordering both the two licensed dispensaries and an unlicensed shop to shut down, noting the local police consider them all illegal, permits or not.

Penticton city council created the licensing system in response to a sudden proliferation of dispensaries in the city in an attempt to regulate and keep them in check, in absence of police enforcement.

That appears to have worked partially, with just Jukka Laurio’s Herbal Greens defying the system and staying open after missing out a permit.

All three shops will be asked to transition to a “wellness centre” model, which would be able facilitate medical cannabis and sell paraphernalia, but not actually sell the drug.

With numerous dispensaries across the province operating and selling cannabis under a “wellness centre” banner, Jakubeit said bylaw and police would be expected to enforce the law should a local shop decide to continue to distribute cannabis.

“It is something for the RCMP to enforce, and the level of enforcement is a question best answered by Superintendent Ted De Jager.”

The Penticton RCMP have repeatedly declined elaborate on the issue in the past.
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