BITTERSWEET ‘VICTORY’ FOR BLACK MARKET MARIJUANA PIONEERS.
‘IT’S KIND OF A VINDICATION THAT A LOT OF US WERE RIGHT ... IT’S JUST THAT I DON’T AGREE WITH ALL THE RULES’
Dana Larsen has no plans to shut his Vancouver-based chain of illegal cannabis dispensaries anytime soon. The decision is simply a matter of doing right by his patients, thousands of whom, Larsen says, have relied on the services provided by The Medical Cannabis Dispensary for years.
“We have two locations in Vancouver, we will not be seeking a permit and we will not be closing down. Patients over profit, that’s always been the slogan of our dispensary movement.”
For Larsen, a longtime, outspoken advocate of the movement to legalize cannabis, the end of “prohibition” on Oct. 17 is mere symbolism: a win for big business, law enforcement and Prime Minister Justin Trudeau; a slap in the face to those who pioneered legalization to begin with. It is a view that is echoed by many pro-cannabis activists and grey market participants who feel they have been excluded from the new regime, turning legalization into something of a bittersweet landmark.
“What’s upsetting about this, is that it’s not beginning where the end of prohibition should be — with an apology,” says Larsen.
“The continued punishment and oppression of cannabis users, the incredibly harsh penalties put into place for those operating outside the system, the misinformation and government propaganda against cannabis…. Those are all serious problems that I have with the way in which legalization is taking place.”
In Toronto, an online dispensary owner who goes by the name of Chris James says he too plans to continue running his online dispensaries.
“Look, it’s not like I’m not happy that legalization is here. I am — it’s kind of a vindication that a lot of us were right all along. It’s just that I don’t agree with all the rules that have been set up in this new system,” says James, who also operates a coffee shop called Cannabis & Coffee in downtown Toronto.
Governments from coast to coast have made no secret of their intentions to crack down on unlicensed marijuana businesses that continue to operate after legalization.
Ontario Attorney-General Caroline Mulroney has made it clear that businesses “flouting the law” post-Oct. 17 will not be allowed to even apply for a licence to sell cannabis in Ontario. B.C. Minister of Public Safety Mike Farnworth has issued warnings to illegal dispensaries — shut down of your own volition, or prepare to be shut down by law enforcement.
Language like this sows distrust between regulators and the grey and black markets, showcasing — in the eyes of people like Larsen and James — the former camp’s failure to understand what the original movement to legalize cannabis was really about: ending its stigmatization.
“People often ask me: ‘are you excited about legalization?’ And I say, well not really, because nothing that we campaigned to be legal will be legal, it’s mostly still illicit and there are more criminal penalties by many levels of government,” says Jodie Emery, cofounder and owner of Cannabis Culture, one of the most prominent marijuana legalization activists in the country. In 2017, Jodie and her husband, Marc Emery, were arrested, charged and ultimately fined close to $200,000 for operating illegal dispensaries.
Emery admits the last two years have been terrifying, as she’s watched herself being sidelined by massive licensed producers, with the “encouragement and support” of all levels of government.
“I was in a very bad depression. The government, at every level, are saying to us, you’re going to be locked out of the legal system and your criminal record will ban you from getting in. Even though I don’t run any unlicensed dispensaries any longer,” she says.
Indeed, as the law stands, a criminal past that includes possessing or trafficking weed can disqualify an individual from being involved in the legal cannabis industry. It’s an irony that fuels the ire of cannabis activists like Emery. There has been rhetoric by the Trudeau government on pardoning those charged or convicted for possession, but those discussions are still in their early stages, as the government presumably focuses on adjusting to the new reality of being just the second country in the world to legalize a drug for recreational use.
Apart from their criminal pasts, some in the grey and black markets don’t see any sense in participating in the legal industry as long as demand for certain strains of cannabis, in forms not yet legal, continues to hold. In fact, many across the industry believe the government’s reluctance to immediately legalize edibles and concentrates is providing an opening that will allow illicit producers to continue to operate, long after prohibition ends.
“I’m not applying for a retail licence because to apply for this permit I need to shut my doors and tell all my members to go away, after which, I will only be able to sell a limited range of products,” Larsen says.
“I’m not willing to cut off my members as long as there’s no stock out there for what they want. That’s why you’re going to see a lot of dispensaries that will continue to exist in defiance of the law.”
The B.C. Compassion Club, one of the first dispensaries in Vancouver, plans to do that.
“We are a very medically-minded dispensary, and we are going to stand firm in our civil disobedience because we don’t really fit the model of legalization,” Emerald Asuncion, an employee, says. Asuncion, 36, has been working at the Compassion Club for six years, and has seen the dispensary movement in Vancouver grow from just three or four underground shops in 2013 to over 120 thriving businesses now. “It’s upsetting to me that we’re not being folded into the legal market. This isn’t really a win for us.”
Cannabis & Coffee owner James claims his online dispensary businesses have actually flourished in the lead-up to Oct. 17, and, he suspects, will continue to do well as long as an online government-monopoly model in the form of the Ontario Cannabis Store remains in place.
“You know how many people have come here from the club, and are afraid of what they are going to do if I shut down any of my online delivery services?” asks James. “They’re scared they are going to pay twice as much, and then have to wait at least three days for the government to get stuff delivered. If I shut down, they’re just going to find someone else in the black market to buy from.”
Larsen does believe there will come a day when the legal regime and the illegal regime will reconcile, but it will take even more hard work from cannabis advocates, and it will have to involve licensed producers, who have by default, become the lobbying force of the legalization movement.
“My hope is that in five years, the legal system is working so well, and is so accessible, and the quality is so great, and the prices are so low, that dispensaries won’t be needed,” he says. “If one day, the legal system is better than what we offer, then I’m happy to stop selling cannabis. Until then, we’re going to keep going.”