B.C. lawyer says medical marijuana users should have right to buy pot in stores

City of Vancouver required medical marijuana dispensaries to be licensed starting in June 2015

A lawyer for several medical marijuana dispensaries has urged a B.C. Supreme Court judge to toss out an application to close the shops, saying the federal government failed to include them in its plan to legalize recreational cannabis.

John Conroy said Tuesday the dispensaries have been operating illegally in a kind of “grey zone” while the city makes a $30,000 profit from each business licence.

The City of Vancouver required medical marijuana dispensaries to be licensed starting in June 2015. Many have continued operating without a licence and police have not taken action, unlike in Toronto, where police have raided several similar retailers.

Now, the City of Vancouver is seeking a court injunction to shut down about 50 medical marijuana dispensaries that remain unlicensed.

“The city, in doing what it’s doing, is aiding and abetting the continuation of illegal activity,” Conroy told Chief Justice Christopher Hinkson.

Conroy said it’s up to the federal government to create provisions for medical marijuana users to buy their cannabis at a store, the same way recreational pot users will be legally permitted to do, starting Oct. 17.

The Karuna Health Foundation is the lead plaintiff in the case and currently operates one dispensary that is licensed and another that is not.

Since 2016, federal regulations have permit medical marijuana users to grow limited amounts of marijuana or have someone grow it for them, but Conroy said they have a constitutional right to buy the drug from a dispensary if a doctor has approved its use.

It’s up to the federal government to amend the Access to Cannabis for Medical Purposes Regulations, he said.

“Most people want to go to a store, like a pharmacy, talk to people and get their medicine,” he said outside court. “They don’t want to grow it for themselves, they don’t want to sit around and wait to get it in the mail from a licensed producer.”

Patients are opposed to a licensing requirement of dispensaries being located at least 300 metres from a school, Conroy said.

“The right of the medically approved patients to reasonable access is to prevent the violation of their constitutional rights. The security of their person is involved, a doctor has said ‘You’re approved for this medicine.’ “

The City of Vancouver and the British Columbia and federal governments maintain that individual patients, not dispensaries, should be arguing for themselves about their need to reasonably access medical marijuana.

Robert Laurie, a lawyer representing several dispensaries including the Karuna Health Foundation, said outside court that 19 medical dispensaries are currently licensed in Vancouver and many whose licence applications were refused have appealed unsuccessfully to the city’s Board of Variance.

He said the 300-metre buffer zone has eliminated 87 per cent of dispensaries, adding zoning for facilities that sell alcohol are required to have only a 150-metre buffer zone.

The alcohol regulations are more lax compared with the dispensary rules, which interfere with patient access to medical cannabis under the charter, he said.

Laurie said he believes the City of Vancouver’s licensing regime was merely a holding pattern until marijuana legislation was enacted, with the anticipation that it would include medical dispensaries, especially after two Supreme Court of Canada decisions allowed patients to grow and use medical marijuana.

“However, we’re still waiting because it seems that a recognition of medical access has continued to fall on deaf ears with our federal government, which is why we’re here today.”

Camille Bains, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Opioid overdoses killing three people a month in Chilliwack

35 deaths in 2018 locally compare to 23 in 2017, 13 in 2016 up from about five per year before that

Agassiz break and enter suspect arrested

The Chilliwack man faces charges relating to break and enters throughout Agassiz

Outdoor rink, lagoon improvements on the agenda for Harrison

The projects are intended to increase tourism numbers and infrastructure in the resort village

Chilliwack parent urges fellow dog owners to keep Fido off school grounds

Risks of harmful encounters between kids on and dogs are too high, says Chilliwack mom

Coquihalla closed southbound near Hope

DriveBC suggests detouring via Highway 1

VIDEO: Canada’s flag turns 54 today

The maple leaf design by George Stanley made its first appearance Feb. 15, 1965

Former B.C. premier Gordon Campbell accused of sexual touching

Accuser went to police, interviewed by Britian’s Daily Telegraph

Avalanche control planned tomorrow on Highway 1

The highway will be closed in the morning east of Revelstoke

Judge rules Abbotsford home must be sold after son tries to evict mom

Mom to get back down payment and initial expenses

Mayors approve SkyTrain extension to UBC

Next step is a business plan and public consultation

Trump officially declares national emergency to build border wall

President plans to siphon billions from federal military construction and counterdrug efforts

Snow turns to slush, rain as it warms up across B.C.’s south coast

Some areas are already covered by more than half a metre of snow following three separate storms

Father to be charged with first-degree murder in Amber Alert case

11-year-old Riya Rajkumar was found dead in her father’s home in Brampton, Ontario

Police track armed kidnapping across Thompson-Okanagan

RCMP allege it was a targeted crime believed to be linked to the drug trade

Most Read