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The City of Kelowna recently went through the courts to stop a downtown skateboard shop from selling cannabis, a little more than one month before the drug is federally legalized.
Last week in Kelowna's BC Supreme Court, Justice Len Marchand sided with the city in their petition to stop cannabis sales at The Bakery Boardshop, located on Pandosy Street.
Bobby Kennedy, the store's owner, had halted sales of cannabis at the store back in mid-July, a month after the city filed their petition with the courts, while he worked to get a lawyer.
The city had argued Kennedy did not have a business licence to sell cannabis, as no such thing exists in Kelowna, and there is no zoning in the city to allow for cannabis sales.
Kennedy has been running the boardshop for the past eight years, but he says he only began selling cannabis in the past year after the city shut down other medical dispensaries in town. He said he wanted to provide people seeking medical cannabis a storefront option.
While the court decision means The Bakery will continue to not sell cannabis, Kennedy, who's running for mayor of Kelowna in the upcoming municipal election, says he's glad he got his day in court.
“We did what we did, we stood up for the people, we helped the people the whole way and that's what it was more about,” Kennedy said.
He said the judge ordered that he pay the city's court costs, but Kennedy said he “wasn't 100 per cent sure” how much that would be.
Meanwhile in West Kelowna, Okanagan Cannabis Solutions and Black Crow Herbals are awaiting a decision from the BC Supreme Court on a similar petition from the City of West Kelowna.
On Aug. 22, the dispensaries' lawyer argued the city had already granted Okanagan Cannabis Solutions a business licence to sell cannabis in years prior, and they had no basis to change their mind in 2018.
That decision is expected in the coming weeks.
Cannabis will be legalized federally on Oct. 17, but the first legal, recreational cannabis dispensaries aren't expected to open in Kelowna until midway through 2019. The province's first government-run cannabis dispensary is expected to open in Kamloops on Oct. 17.
