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The owner of two West Kelowna pot shops has lost an appeal of the city's decision to refuse issuing him a business licence.
The decision by council was unanimous, and lawyer Stan Tessmer, representing Black Crow Herbals Association Society and Okanagan Cannabis Solutions Society, said he would advise his clients to shut their doors.
Tessmer was before council Tuesday to appeal the refusal of a 2018 business licence on behalf of his client.
He contended the owner of Black Crow Herbals was given assurances in 2014, by both the city and RCMP, that a storefront medical marijuana dispensary was legal. The following year, a second operation, Okanagan Cannabis Solutions Society, would also not require a business licence because it was a society.
Tessmer further contended that when bylaws changed his client was assured the businesses would be grandfathered.
He said the two companies have been good corporate citizens since beginning operations and, to his knowledge, there have been no complaints registered against them.
He further argued federal government attempts to close storefront businesses from selling medical marijuana have been shut down in the courts.
"No judge in the country has upheld the feds position," said Tessmer.
"You cannot conclude this business is unlawful, given the uncertainty of the state of the law right now."
He added a court challenge initiated by the city could result in a five-to-10 day hearing, which would needlessly cost the city and his client a lot of money in legal bills.
Elizabeth Anderson, the city's external counsel, reminded councillors legislation enacted by government is valid until overturned by the courts. The law must be obeyed until it is changed.
She said until the current federal law is overturned, if that in fact does happen, storefront dispensaries are unlawful and ineligible for a business licence.
Council stood by the opinion of it counsel and its earlier ruling to uphold the decision to revoke, and refuse a business licence to the two businesses.
