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Politicians vote for power over pot shops, despite federal stance

Municipalities from across the province have joined Victoria and Vancouver in saying they have the authority to license medical marijuana dispensaries, defying the federal government’s opposition to regulation of the illegal stores.
VKA dispensary 0144.jpg
Municipalities from across the province have joined Victoria and Vancouver in saying they have the authority to licence medical marijuana dispensaries ÑÊincluding this one on Oak Bay Avenue Ñ defying the federal government's opposition to regulation of the illegal stores.
Municipalities from across the province have joined Victoria and Vancouver in saying they have the authority to license medical marijuana dispensaries, defying the federal government’s opposition to regulation of the illegal stores.

Delegates at the Union of B.C. Municipalities convention voted in favour of a resolution endorsing the position that they have the power to regulate pot dispensaries.

“It shows that this is a problem right across British Columbia because there were lots of people in support [of the resolution],” Victoria Mayor Lisa Helps said Friday after the close of the convention.

“It’s not just a problem that Victoria faces. What it’s going to actually, hopefully do is ask the federal government to grapple with it as they should.”

The UBCM resolution stated that an ongoing court challenge of Ottawa’s medical marijuana laws has created uncertainty while pot shops proliferate and cause problems in B.C.

Pot dispensaries are one of the fastest growing businesses in Victoria. Following Vancouver’s lead Victoria city staff have been asked to draft business and zoning regulations for them that could include licence fees and a ban on minors in the premises. Helps said staff likely will report back in November.

Vancouver recently became the first city in Canada to approve regulation of its 100 marijuana shops, imposing a $30,000 licence fee and requiring the shops to locate 300 metres from schools, community centres and each other.

Vancouver Coun. Heather Deal said the vote sends a strong message to the federal government, which has not provided reasonable legal access to medical marijuana despite court rulings requiring them to do so.

“We have to do it because they’re not doing their job. They are continuing to be at odds with the federal courts,” she said after the vote.

“That leaves cities in the untenable position of not being able to deal with a product that is legal, yet opposed by the federal government. We have to use the controls and the tools that we have.”

B.C. municipalities already have the power to regulate land use through bylaws, but the resolution marks a symbolic strike against the federal government’s handling of medical pot.

Corisa Bell, a Maple Ridge councillor and president of the Lower Mainland Local Government Association, which proposed the resolution, told the crowd of local politicians that something needed to be done to curb the explosion of illegal stores.

“This rapid growth of unregulated businesses poses a significant risk to our youth, public health, and has an impact on our local economy,” she said.

“If, however, they are carefully managed and regulated, these businesses can play a role in improving the health conditions that affect numerous people.”

Selling pot over the counter is illegal in Canada regardless of whether it’s medical or recreational. Health Canada recently sent letters to 13 dispensaries warning of RCMP raids if they did not shut down, though Mounties have not yet acted on those threats.

Esquimalt Coun. Susan Low spoke against the resolution, saying it was the responsibility of the federal government and the courts to regulate medical marijuana, not that of local governments.

“Medical marijuana is a health service. That’s not part of local government’s jurisdiction. I’d be very uncomfortable trying to do that. I’m not qualified to do that,” she said after the vote.

“Right now, medical marijuana dispensaries are illegal, so in Esquimalt we won’t be issuing business licences for them. We simply can’t licence someone to do something that’s illegal.”

bcleverley@timescolonist.com

— With files from Canadian Press