Pot shop shutdown

A Kelowna lawyer is representing several local marijuana dispensaries in a fight with City Hall.

Evan Cooke says he has been retained by the dispensaries after the city served them with a cease and desist order.

Cooke says the city has served or is about to serve notice to dispensary owners who face bylaw prosecution. He believes the move is being made to shut those businesses down so the city can start with a "clean slate."

"I understand that all the dispensaries in the city either have been served with court materials or will be served with court materials seeking to shut them down by January or early February," he said.

Cooke says he understands there is a great deal of confusion created by the federal government's decision to decriminalize recreational marijuana, which has left provinces and municipalities scrambling to determine how they will adopt the new industry.

"So, where there have been illegal dispensaries operating, cities are, I think reasonably, trying to roll out the new system with some kind of order."

But Cooke says the approaches across the country can be very different.

"Recreational marijuana is still illegal and falls under federal jurisdiction, and so the criminal rules should apply equally across the country. But, Victoria and Vancouver have taken the 'if you can't beat 'em join 'em' attitude, whereby they allow dispensaries to stay open provided they pay a hefty business licensing fee, provided they are located in zones that are deemed appropriate."

Cooke says the City of Kelowna has taken the approach that the businesses are unlawful, and will not issue business licences.

The city says the matter is before the courts, and it will let the court decide if its actions are appropriate.

The rationale for the cease and desist orders is:

• Cannabis dispensaries are currently not permitted under federal law.
• Storefront dispensaries are also not currently a permitted land use in the city’s zoning bylaw.
• The dispensaries are operating without a City of Kelowna business licence.
• Council’s recommendation to the province about the legalization of cannabis is that it should only be sold from storefront dispensaries licensed by the provincial government and under rules similar to existing liquor stores. Those locations and operations should be controlled by municipal land use zoning and bylaws.
• The city has yet to hear back from the province on how it will regulate the sale of cannabis once it’s legal.