A number of local pot dispensaries are at risk of being shut down as soon as next month after receiving cease and desist orders from the City of Kelowna, which has applied to the Supreme Court of British Columbia to shut them down.
The reason for this is that these dispensaries are operating without a City of Kelowna business license, and without following zoning protocols.
Kelowna municipal lawyer Evan Cooke has been consulted consulted by some dispensary owners as to municipal bylaw enforcement efforts.
Cooke, who has a background in cases involving marijuana legislation, says that while some municipalities, such as Kelowna, are quick to try and shut down these dispensaries, other areas such as Vancouver look to cash in on them.
It seemed that the City of Vancouver had so many of these pot shops operating and didn't have the budget to shut them down, and said 'well, we may as well make some money off them,'" says Cooke. "So while those dispensaries are operating in the City of Vancouver, contrary to the criminal law, they have the explicit permission of the City to be doing so, at least in respect to their zoning and business licensing processes."
Dispensaries such as the ones in Vancouver are reported to have strict regulations on them, such as high annual fees and having to adhere to zoning restrictions.
With the upcoming legalization of recreational marijuana, which is slated for July 1st, 2018, many municipalities are scrambling to figure out how they will be able to bring in the new industry. At this time, recreational pot is still illegal, but it is expected that, once it is legalized, it will be easier to issue business licenses to dispensaries across Canada.
As far as Kelowna goes, the City is leaving it up to the court to decide how to proceed with the matter involving the local pot dispensaries.