Kelowna, West Kelowna differ in campaigns against pot shops
West Kelowna floods shops with fines, while Kelowna takes them to court
The City of West Kelowna has issued $60,000 in fines to the operators of pot shops since Nov. 1, but none of the tickets has been paid.
Bylaw officers regularly visit the five stores that sell marijuana, handing out $1,000 tickets each time for not having a business licence, city spokesperson Kirsten Jones says.
But the City of Kelowna has opted for a different approach in trying to force the closure of five pot shops operating without a business licence in that municipality.
Over the past few months, one ticket was issued to the operators of each pot shop. Now, the City of Kelowna is seeking a court injunction to force the shops to close down.
Little point is seen by Kelowna officials in having bylaw officers repeatedly visit the pot shops to issue fines when experience suggests the tickets will not be paid, director of inspection services Rob Mayne says.
“Our bylaw officers are extremely busy,” he said. “We have to prioritize what we want them to be doing. A ticket has been issued. Now, we feel the courts are the better venue to take action.”
Mayne doesn’t believe the city’s application for a court injunction to force closure of the pot shops will result in a hearing until sometime in 2018.
Currently, the sale of marijuana, even to those who hold a doctor’s prescription to use the drug for health reasons, is illegal, which is why many municipalities are taking various measures to close pot shops. But marijuana will be legalized by the federal government next July.
When West Kelowna council rescinded the pot shops’ licences in October, a lawyer representing one of the businesses appealed for the municipality to hold off on such action until regulations for the distribution and retail sale of the drug were set by the provincial government.
“Is it illegal by the letter of the law? Yes it is,” said lawyer David Towil, appearing on behalf of The Healing Company, a pot shop on Stevens Road. “(But) maintaining the status quo for this business makes a lot of sense. If the province comes out with a distribution model that makes this business illegal, that’s the end of it.”
Through a now-concluded public consultation process, West Kelowna councillors said they would like to see the distribution and retailing of marijuana controlled by the government, as alcohol used to be, with no room for private stores.
But Kelowna councillors suggested a different approach, recommending both government stores and privately owned businesses be allowed to sell pot once the drug is legalized. However, they asked that municipalities be able to set rules on where pot shops be permitted.
Despite that position favouring the private-sector involvement, Mayne said it still makes sense for the city to pursue the injunction to shut down the currently operating pot shops.
“We don’t know what kind of distribution model is going to be set by the province,” he said. “We can’t presume that the kind of dispensaries that operate today will be allowed. We have to manage the situation we have in front of us.”
For his part, West Kelowna Mayor Doug Findlater says the frequent issuance of the $1,000 tickets was decided on as a way to try to get the pot shops to close down voluntarily.
“We’d hoped to get voluntary compliance,” he said. “Seeking a court injunction is the next step.”
Even if the provincial government creates room for private stores to sell marijuana after next July, Findlater said his expectation would be that the operators of existing pot shops would not be among those permitted to sell the drug.
“These people have a track record of doing something that’s both illegal under federal law and which is against municipal bylaws,” Findlater said. “Why would a licence be issued to these kind of guys?”