Council stuck in the weeds

Photo: Deborah Pfeiffer

Penticton City Council balked Tuesday at renewing temporary permits for two marijuana dispensaries operating in the city.

Councillors avoided denying the extensions outright, which was recommended by staff, but postponed the decision to the July 18.

The punt followed an hour-long discussion and debate involving the owners of Okanagan Cannabinoid Therapy and Green Essence, the two dispensaries that were granted temporary permits in December.

Both businesses told council that much of their clientele were elderly or receiving treatment for cancer, arguing it would be irresponsible for Penticton to withhold medicine from its citizens.

“I have to tell you, that there is absolutely no risk of this municipality being sued by the feds,” said Robert Laurie, lawyer for Okanagan Cannabinoid Therapy.

“Quite the opposite, I believe you are at risk more of being sued by multiple people, businesses, stakeholders and operators in this community, should you go back on your ability to regulate dispensaries through land use, which is what you are allowed to do per the law,” he told council.

City Manager Peter Weeber clarified the staff recommendation to kill the licensing program, saying that the subject dispensaries are operating in a legal grey area and have a “risk tolerance” the city cannot have. The staff recommendation also points to the Prime Minister’s disdain for illegal dispensaries proliferating across the country, something Laurie dismissed, calling the proposed Cannabis Act “defective.”

“Trudeau has stated, the law is the law, while law unfortunately — that’s coming from a drama teacher who’s in a very serious position of power now — however, law is an evolving process," the lawyer said.

“Without the dispensaries in Penticton, there is no access,” to medical cannabis, he argued.

Councillors Helena Konanz and Campbell Watt both disagreed, and tried to vote to kill the licensing system completely.

Konanz stated it should not be up to council to decide what is an ethically or professionally run dispensary, when they have no way of auditing them. Watt didn’t agree with giving two businesses “a monopoly on an illegal drug in our city.”

Councillors Sayeed and Picton supported the shops, with Picton pointing to a total lack of complaints from the community. He proposed giving the shops another year, until around when recreational marijuana is supposed to be legal.

The debate took place in front of a full gallery that offered groans and applause in favour of the applicants. The discussion was also crashed by Jukka Laurio, the owner of an unlicensed dispensary, that has traded lawsuits with the city. He was not given a chance to speak.

Councillor eventually settled on sending the matter back to staff for more information, and to settle questions around liability. Legal advice given to the city said they could be held liable if someone becomes ill due to cannabis purchased at a licensed dispensary, something the pot shop owners disputed.