The City of Victoria shouldn’t be regulating marijuana dispensaries, but it doesn’t have much choice. Given lack of federal action and regulations, the city must do what it can to bring some order to the wild-west marijuana trade.
The city is seeking public input on its proposed regulations for licensing marijuana dispensaries, a necessary step to keep pot shops from popping up on every corner. That’s not much of an exaggeration — about 18 months ago, only four marijuana-related businesses were in operation in the city. There are now 23 and probably more on the way.
As marijuana is a controlled substance under federal legislation, the city has no authority to ban or approve the sale of the drug. The proposed regulations cover issues such as air filtration, security, advertising and age restrictions. They are designed to address health and safety concerns, potential neighbourhood impacts and security concerns.
Federal law still prohibits the sale of recreational marijuana, but the law is openly flouted and police generally ignore infractions.
Medical marijuana is legal under Health Canada rules, but those rules are so liberally interpreted, they have become a joke. The law allows people with certain health conditions to use marijuana products, obtained with a physician’s prescription by mail from licensed growers. Medical marijuana dispensaries do not operate under authorization of Health Canada, the federal government or any other jurisdiction. But little effort is made to enforce regulations.
It’s a ridiculous situation. Alcohol is a perfectly legal substance, but imagine liquor stores appearing on the urban landscape willy-nilly, without business licences or approval from any level of government. You can be sure enforcement would be swift and firm.
In its business bylaws, Victoria does not have a category for retail marijuana outlets, hence the plan to bring in new regulations. Because the city cannot authorize the sale of marijuana, it will have to turn a blind eye to what is sold in the shops.
But at least it can regulate certain aspects of the business, such as where a shop can operate. It can set age limits for customers and insist on safety and security.
Calling a marijuana outlet a dispensary is a mockery. Medical dispensaries in B.C., and elsewhere, are strictly regulated. Rules cover such things as the purity of the drugs and the strength of doses. A person dispensing drugs must be trained at an approved university and licensed by the B.C. College of Pharmacists. These are medical professionals who work with doctors. They can advise patients as to the effects and potential harm of drugs, and give instructions on how, when and for how long the drugs must be taken. If they depart from the rules, they can lose their licences.
No such rules apply to the marijuana trade. They should.
There’s strong evidence that marijuana contains substances that can relieve pain and other suffering. Attempts in the past to portray marijuana as a dangerous drug that would turn people into raving psychotics are laughable in the light of today’s knowledge.
Nevertheless, there is still strong evidence that marijuana can do harm. It’s an area that cries out for more research, to accurately define the good and bad of the drug.
If marijuana is legalized, wrote medical health officers Richard Stanwick and Patricia Daly in this newspaper on Nov. 12, “we advocate for the early application of a public-health approach to policies and regulations, based on minimizing harm and promoting health.”
It’s the responsibility of the federal government to decriminalize marijuana, but in close tandem with that, develop regulations similar to those for alcohol, tobacco and other drugs.
Municipalities should not be left holding the bag.
