Unlicensed Pot Shops

[southy]

I came across the following - not sure if it makes things clearer or not. I suspect this situation could really escalate and I really do hope it won't become another black eye on Penticton.

http://www.penticton.ca/assets/Council~ ... ackage.pdf

[Daspoot]

Proper licensing is not the landlords responsibility. I can agree that in some cases it may be in their best interest, but the reality of the matter is they really only need to worry about being paid the rent and that their renters are properly insured.

Many municipalities are currently turning a blind eye to dispensaries, and often just issuing a regular business license to them. the legalities of their business and products are left to the police and RCMP for interpretation. I think the cities potential liability towards this is somewhat limited, but I could see cases where they could be named in a lawsuit seeking damages if the products fall into the wrong hands or damages, personal or property occur due to the use of the products.

The ball of wax hinges on who is responsible for the products once they leave the shop, and there can be a pretty strong case made that it isn't the city who may have issued the business license. My gut tells me it's a no-win for the city. Penticton has kicked the hornets nest and may not yet have the tools to enforce their position, and those tools may be rather expensive to implement, and ultimately may not work as intended. Pot, although not technically legal yet, is falling into a legal grey area and how that all washes out remains to be seen.

It would certainly suck for municipalities to be found on the hook for financial loss and anti-competitive damages for not allowing a dispensary to continue to operate. I'll admit that is a bit far fetched, but not out of the realm of possibility. I guess I may believe turning a blind eye represents less of both upfront enforcement costs, and downstream liability risks than trying to close some or all. Perhaps this is why so many cities are turning a blind eye for now.

We'll see what happens when it all shakes out. Maybe those pushing the envelope and opening dispensaries will look like geniuses and come out of this sitting pretty and getting grand-fathered in or the like. Personally I thought liquor stores was the best obvious choice for distribution, but that was not what the review recommended.

[Drip_Torch]

I came across the following - not sure if it makes things clearer or not. I suspect this situation could really escalate and I really do hope it won't become another black eye on Penticton.

http://www.penticton.ca/assets/Council~ ... ackage.pdf

I was very impressed with that particular staff presentation to council. Unfortunately, that's about as clear as the situation gets at the moment. (in the absence of federal regulations) Fortunately, the subject matter was presented ethically and with an admirable amount of integrity.

While I do suspect there's been a 404 error, and there may be some lingering dispute that'll need some further attention, I doubt this has the potential to become "another black eye on Penticton." It seems every municipal jurisdiction is grappling with the same issue.

The sensible solution, IMHO, would have been to recognize that a municipal council, and particularly a business licencing officer, have no business determining what is legal or illegal, when it comes to the distribution of medical MJ. (or any other product for that matter.) That's clearly a federal matter to regulate, and a matter for the police and criminal court system when it comes to investigation and enforcement.

There were 5 business licences that were refused by council resolution. If you go back and read the bylaw section, I suspect you'll realize council doesn't often refuse business licences by resolution, in fact, that appears to be the role of the business licencing manager and must be done on reasonable grounds.

Frankly, I think the mistake was made when the city started suspending the licences in the first place. If it's really as simple as the opponents state, and these stores are "illegal" - I'm sure the police and crown would have caught on sooner or later, and a decision would've eventually been made by a judge.

(That's how the system works! All those in favour of abandoning the system, for something a little more whimsical, please raise your hands in the air and do the twinkly fingers thing.)

[twobits]

It would certainly suck for municipalities to be found on the hook for financial loss and anti-competitive damages for not allowing a dispensary to continue to operate. I'll admit that is a bit far fetched, but not out of the realm of possibility. I guess I may believe turning a blind eye represents less of both upfront enforcement costs, and downstream liability risks than trying to close some or all. Perhaps this is why so many cities are turning a blind eye for now.

You pretty much nailed it there. The proper course of action would have been to turn a blind eye and waited for the Feds to set the guidlines or shut everyone of them down until there were Fed guidlines. The mistake was denying some businesses that even met this councils bylaw requirements, and approving others. I am however not as optimistic that the way the City handled giving out these "select" licenses is not going to cost us money. The goofeball Juko paid his fines up to date upon application. For the City to deny him on the basis of past non compliance is a thin argument. Does the City ever refuse to reconnect delinquent utility customers after they have paid up arrears and complying with agreed terms?

[southy]

I came across the following story out of Nelson. Interesting that other communities who face similar situations to Penticton are coming up with solutions ... just saying. Wonder if COP ever discusses their issues with other communities??
http://www.nelsonstar.com/news/411672146.html

[Ken7]

Excuse me if I'm a little bit out of the loop here, but aren't these "dispensaries" legally able to sell only to those holding proper prescriptions for medical marijuana ? Are there enough active prescriptions in a town of 33,000 to support four dispensaries?

It is not legal to sell drugs in these shops. End of story.

[Ken7]

technically you are correct

based in my experience walk in with ANY prescription and they will sell to you

http://globalnews.ca/news/2645660/in-ca ... kes-shape/