Dispensaries urged to lay low until legal marijuana licences rolled out
‘It’s probably in their interest to shut down,’ says B.C.’s solicitor general
Private businesses that hope to get new government licences to sell marijuana would be well advised to sell off their existing supply of cannabis and shut down by Wednesday until they receive official permission to operate, said the province’s marijuana minister.
Solicitor general Mike Farnworth said he would recommend that these businesses, currently operating in a legal grey area, close down after cannabis is legalized Wednesday until they get a new operating licence from the government.
“My advice to them is that there are new rules coming in place on Oct. 17 and they should start to abide by those rules,” he told reporters on Monday.
“The City of Vancouver has indicated that they are prepared to accept applications from them. We’ve said that existing dispensaries can apply, so they know the process. Many of them are in the process and a number of them have already shut down and I think that’s the right thing to do.”
There will be only one legal marijuana store open on Wednesday: a government retail outlet in Kamloops. The province will also sell marijuana online.
While 173 private stores have applied for licences, only 62 of those have been found to be complete enough to move to the stage where local governments will consider them for approval.
The B.C. government has said any private store will require approval by a local council and that Saturday’s municipal elections have slowed the consideration process.
Existing marijuana stores, many of which are already operating in a legal grey area, will have to decide whether to close Wednesday when cannabis becomes legal, but they don’t yet have a new government licence to sell it. Some are selling off their supply and preparing for closure, while others have indicated they will continue operating illegally.
Farnworth suggested it could hurt a business’ chance to get a new licence if it continues to operate illegally after Wednesday.
“Lets put it this way: a number of stores have indicated that they want to become legal and many of them, I’ve noted, are taking steps to ensure they have that ability by applying and recognizing that it’s probably in their interest to shut down their operations,” he said.
“There have been other stores that have indicated they really don’t care what the new rules are, that they don’t care what the new laws are; in essence, they’ve thumbed their nose at the City of Vancouver. The City of Vancouver, for example, has a test case to shut them down and there will be the enforcement from my ministry. And those stores will have to close down.”
B.C. has indicated that the previous legality of a private business, as well as minor previous cannabis convictions, won’t disqualify a business from getting a new licence. However, the government will also conduct a background check on business operators to vet them for any links to organized crime.
But Farnworth also deferred to police on the exact scope and scale of enforcement Wednesday.
When asked if police will ticket someone for smoking marijuana on the street, he said enforcement will be part of a gradual maturation of both the cannabis industry and the rules that govern use, impairment while driving and other penalties.
“A ticket could be issued, but the reality is and what I hope prevails is common sense.”