5815 replies to this topic

[Mike K.]

Victoria Medicinal Dispensary, opened two months ago at Broughton and Government streets, subsequently closed down weeks later. A similar fate will meet approximately one-third of Victoria's 30-odd marijuana dispensaries when the City of Victoria's new marijuana regulations come into effect on September 23rd. Citified.ca

 

Victoria's new cannabis regulations to weed out one-third of dispensaries

http://victoria.citi...f-dispensaries/

 

The City of Victoria’s first step in regulating its high-flying marijuana trade takes effect Friday, September 23rd, and is expected to lead to a closure of multiple dispensaries.

 

Starting the week of September 26th dispensary operators will be required to apply for a business license and proceed through a formal rezoning process to determine compliance, all part of a new regulatory regime introduced by the City.

 

The most notable rules restrict storefronts from operating within 200 meters of one another or within 200 meters of a school zone, those restrictions alone will force out approximately one-third of the City’s 30-odd dispensaries. [Full article]

[VicHockeyFan]

^ I expect this to go as swimmingly as Vancouver.

 

If I was a smart business owner, I'd just challenge this with a court case, it'll all be over before that case gets to court, and CoV will not force the issue with a temporary injunction application, that's not Helps' style.

[Mike K.]

So, you're saying that operators will not pay the $12,500 in rezoning and business licensing fees, and will instead take the City of Victoria taxpayers to court?

 

Or are you saying that all dispensaries will want to pay the $12,500 in fees, install the security measures required, and fight the 200 meter restriction in court?

 

I can see the smart operators rushing to comply in order to secure their place of business and keep someone else from staking a claim near theirs, rendering their storefront inadmissible for rezoning. Regardless of when the feds will decriminalize and legalize pot, the municipality still has control over who operates within their borders, what they can sell, and how much licensing will cost. No court challenge will uphold someone's belief that cannot be forced to operate by the rules.

[VicHockeyFan]

Helps has said over and over again the reason cops do not bust pot shops is because they always lose at the criminal trial, so it's a waste of time and resources.  I suspect she will take the same stance when she sees no compliance with her new rules, she will say she can't force them or the City will likely lose in court.  So I suspect things just carry on until Trudeau makes changes, if he ever does.  I suspect the federal delay while Wynne and Trudeau work out who to reward with the lucrative business.  I've said before, it won't be mom and pop.  It's be a big Liberal donor or the trade unions like liquor store employees.

[VicHockeyFan]

So, you're saying that operators will not pay the $12,500 in rezoning and business licensing fees, and will instead take the City of Victoria taxpayers to court?

 

I'd rather carry on business as usual, and pay my lawyer $1,000 to write a letter stating that the move is not legal (high business license fees not charged to other businesses and restrictions like distances that do not apply to say, restaurants) and if any enforcement action takes place, they will be at the court.

[VicHockeyFan]

No court challenge will uphold someone's belief that cannot be forced to operate by the rules.

 

Take the $7,500, and for a test of theory, move it to $50,000.  Or $500,000.  Or $5M.  At some point the court indeed will rule that you have no right to change like that, compared to other businesses.

[Mike K.]

But that's because there is no formal regulation, no formal licensing option to operate as a "pot" dispensary, so the waters are murky enough for a judge to side with the operators or throw the case out.

 

With regulations in place I can't see a judge taking on someone's claim that they don't like the fees. Regulations govern liquor stores. A precedent, therefore, has been set for strict restrictions and operating limits on that form of business.

[spanky123]

Helps has said over and over again the reason cops do not bust pot shops is because they always lose at the criminal trial, so it's a waste of time and resources.  I suspect she will take the same stance when she sees no compliance with her new rules, she will say she can't force them or the City will likely lose in court.  So I suspect things just carry on until Trudeau makes changes, if he ever does.  I suspect the federal delay while Wynne and Trudeau work out who to reward with the lucrative business.  I've said before, it won't be mom and pop.  It's be a big Liberal donor or the trade unions like liquor store employees.

 

Hard to feel sorry for the mom and pop. As a recent G&M article showed, even the people that are supposed to know what they are doing (ie Marc Emery) sell pot that is riddled with mold, bacteria and other harmful elements. As the feds have said all along, pot will be strictly regulated and controlled.

 

As I have said over and over again, the cops don't need to bust pot shops, all Helps ever had to do was enforce the bylaw fines that were already on the books.

[spanky123]

I'd rather carry on business as usual, and pay my lawyer $1,000 to write a letter stating that the move is not legal (high business license fees not charged to other businesses and restrictions like distances that do not apply to say, restaurants) and if any enforcement action takes place, they will be at the court.

 

 

Why waste the $1,000. 95% of the pot shops in Vancouver just ignore the bylaw and keep on doing business.

[VicHockeyFan]

But that's because there is no formal regulation, no formal licensing option to operate as a "pot" dispensary, so the waters are murky enough for a judge to side with the operators or throw the case out.

 

With regulations in place I can't see a judge taking on someone's claim that they don't like the fees. Regulations govern liquor stores. A precedent, therefore, has been set for strict restrictions and operating limits on that form of business.

 

But these proposed fees are insane compared to other businesses.  The fee ought to align with what a pharmacy pays, since they are selling medical marijuana only.  To patients under a doctor's care.  $100, just like Pharmasave pays.

[Mike K.]

A pharmacy, supposedly, is meant to supply products proven to assist with ailments. Pot dispensaries are overwhelmingly used by recreational pot smokers, like consumers of liquor.

 

What's the licensing fee for a Victoria liquor store? Are there restrictions in where liquor stores can open, and who can open them?

[VicHockeyFan]

What's the licensing fee for a Victoria liquor store? Are there restrictions in where liquor stores can open, and who can open them?

 

Oh, sure, but the City does not enforce them either.  We all know the new Hillside liquor store does not meet City rules.  But who wants to take on Bentall?

[LJ]

Helps has said over and over again the reason cops do not bust pot shops is because they always lose at the criminal trial, so it's a waste of time and resources.

 

But they would confiscate all their supply which they would not get back, do that a few times and the place would shut down on it's own.

[lanforod]

Oh, sure, but the City does not enforce them either.  We all know the new Hillside liquor store does not meet City rules.  But who wants to take on Bentall?

how does hillside not meet city rules? Proximity to another liquor store? The one that's actually in a different city?

[VicHockeyFan]

how does hillside not meet city rules? Proximity to another liquor store? The one that's actually in a different city?

 

City policy recommends a maximum 2,152 sq. ft. total floor space for retail liquor outlets, but city staff say the larger size is acceptable within a mall setting and provides the potential to carry a full range of products.

 

At the private Hillside Liquor Store, which has operated just over the Saanich border at 3201 Shelbourne St. for nine years, a petition against the new government store is available for customers to sign.

 

- See more at: http://www.timescolo...h.rHxFkzm3.dpuf

[lanforod]

I see. I visited that store for the first time a couple days ago. Best selection I've seen in town pretty much anywhere... That extra space helps!

[Mike K.]

How big was the liquor store they denied at Hillside and Blanshard?

But anyways, when you look at how much trouble a typical liquor store must go through for approvals, I think the precedent has been set. While one or two might get away with some concessions, like at Hillside mall, the standard bar is set quite high for all the rest.

Remember the hoopla regarding the Cascadia at Quadra Village?

[VicHockeyFan]

Three men and two women were arrested after  RCMP investigators descended on the West Side Alternatives Dispensary in Port Alberni.

 

Police executed search warrants at both the dispensary at 5119 Athol street and a related property in the 2800 block of Highmoor Road on Friday.

 

All 5 people arrested face charges of possession of marijuana for the purpose of trafficking, and police are recommending a weapons charge as well after a sawed-off shotgun was found during one of the searches.

 

 

http://www.cheknews....pensary-220354/

 

Now, remember, this comes after this:

 

Port Alberni issues business license to pot dispensary

 

 

http://www.cheknews.ca/169068-169068/

 

 

 

You know, we have to be real careful about this selective enforcement, especially when it involves criminal charges.

[Nparker]

Law enforcement around pot is currently in a real never land, but I am not sure why. Storefront marijuana dispensaries are NOT legal. They should simply be shut down and their products confiscated as illegal. Medicinal marijuana is available to those who need it through proper legal channels. 

[VicHockeyFan]

The Great Canadian Canna Mall has paid dues to join the NPNA.  

 

But have likely not bothered with a City business license.