Ah, what the heck, I’m going to prattle on about pot shops again.
After all, I sat through three of the four rounds of public hearings that were called to hear what people had to say about city staff’s proposal to regulate illegal marijuana dispensaries.
So much was said by so many people.
But I have to say there were way too many stories about how cannabis is a proven medicine, how it helped family and friends get through or turn around an illness and how marijuana should be legalized.
Yep, kinda heard that before.
And, as far as I could tell, that really wasn’t the point of this whole exercise.
Apparently, Vision Coun. Geoff Meggs didn’t think so, either.
In voting in favour of the regulations, along with his Vision colleagues and Green Party Coun. Adriane Carr, Meggs tore a strip off dispensary operators who must have thought they were arguing for the regulation of marijuana instead of the regulation of businesses.
Before he ripped into the operators, Meggs mentioned how touched he was by the stories of dispensary customers and the difficulties they experienced in managing their health conditions. Some of the stories, he added, were heartbreaking.
Then this:
“I just want to say to the dispensary operators that I thought many of you were completely tone deaf to what was the fundamental issue here in front of this council, in terms of neighbourhood protection and so on. There has not been a consistent record of good neighbourly behaviour by the dispensaries in this city and that’s what drove us to make the steps that are in front of us now. We saw an exponential growth in the number of dispensaries, which were clearly heading their sales towards children, which were clearly undermining the viability of business districts.”
Meggs said council heard from business improvement associations worried about negative impacts to legitimate businesses. Council also heard, he said, from residents living near dispensaries who experienced second-hand marijuana smoke and concerns from parents about children exposed to the pot shops.
“I say to the people who are running dispensaries: You better listen to those statements as carefully as you listened to the submissions of people who have health problems. Because it’s to protect those neighbourhoods and those communities, those business districts, that we’re taking the steps we are today,” Meggs said.” I’m very unhappy, personally, that we didn’t hear very much about the crime and safety part.”
That said, he pointed out the new regulations give police some oversight over who gets a business licence, a process that includes criminal record checks and reviewing whether an existing pot shop has been in trouble with police.
“So I’m pleased that there are measures in this bylaw to give the police strength and oversight of these dispensaries – not the oversight that minister [Rona] Ambrose wants, but if minister Ambrose wants a viable policy, she’ll have to craft it,” he said of the federal health minister, whom he criticized for being “completely out of touch” with the realities of marijuana use in B.C. and the rest of the country.
Sheesh, councillor, tell us what you really think.
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Now that council decided to regulate illegal marijuana dispensaries, you probably have some questions. So I thought I'd select a few I've heard from people and do my best to answer them.
Here we go...
Question: Do the new regulations mean all current dispensary operators will automatically receive a business licence, if they pay the $30,000 annual fee?
Answer: No. Every operator must apply to the city and go through a stringent three-phase process which involves staff reviewing the dispensary's location, past business practices, conducting criminal record checks and determining whether the pot shop meets various guidelines and building codes related to health, fire and signs. You should also know that if a dispensary meets the requirements of a non-profit "compassion club," then the fee is $1,000.
Question: So what happens if a pot shop operator refuses to pay the $30,000 or the $1,000 fees and continues to operate? At what point do they get shut down?
Answer: As city lawyer Iain Dixon explained Monday night at the last night of the public hearings, "we can take enforcement action immediately, but whether we can guarantee that they'll stop operating immediately, we can't. It takes time to make someone stop operating." Dixon said the most efficient way to shut down a business without a licence is to seek an injunction in court. "If someone doesn't contest it, it's very quick. But if they do contest it, it can be quite long." Fines of $250 to $10,000 can also be imposed.
Question: Is there any evidence the $30,000 fee will cause pot shops to shut down and drive sales of marijuana into the black market?
Answer: Apparently, the city says it has no evidence to indicate this would happen, although sales of marijuana -- no matter where they occur -- have always been illegal. Unless, of course, you have a licence to grow it or use it.
Question: I heard the city talking about a point system to sort out which pot shops get to stay and which have to close, or relocate. Please explain.
Answer: Each application will be reviewed under a demerit point system. For example, if a pot shop has a history of poor business practices, has had police execute search warrants at the business, then the city would penalize them for four points. If the same shop completed work without a building permit, that's another penalty of three points. The fewer points, the better the chances of a pot shop remaining in the neighbourhood. If an applicant does not want to set up as a "compassion club," that's 10 demerit points. If the city finds that two or more shops are competing for the same location, and their demerit points are equal, a lottery would take place.
Question: How much is this going to cost for the city to implement?
Answer: City documents say it will cost $1.4 million in the first year. That goes to pay for new staff and start-up costs. In the second year, the cost will drop to $700,000 and to $500,000 in subsequent years.
Question: I've heard a lot about this 300-metre restriction. What's that all about?
Answer: The regulations state a pot shop cannot operate within 300 metres of a school, community centre, neighbourhood house, or another pot shop. Colorado and Washington State have the same rules. Under these restrictions, initial projections from the city were that 26 pot shops would have to close, 54 relocate and open up space for 12 new dispensaries.
Question: Is it true federal Health Minister isn't too happy with Vancouver city's council decision to regulate dispensaries?
Answer: Uh, “deeply disappointed” is what she said. And she also said the cops should enforce the law. But as the Courier learned in an investigation, police raided a pot shop three times at 151 East Hastings and it continues to operate today.
@Howellings
