Toronto trails Vancouver in regulating pot shops
Vancouver Councillor Kerry Jang says his city put public health at the centre of its new regulations, which limit locations for dispensaries.
Thestar.com
May 27, 2016
By David Rider
Toronto Mayor John Tory has talked about following Vancouver’s lead on medical marijuana shops - a model that does not include police raids with smashed doors and serious criminal charges for dispensary staff.
Vancouver Councillor Kerry Jang spearheaded his city’s push to regulate storefront dispensaries - with strict location rules licensing some and outlawing others - about a year ago, when they started to proliferate.
On Friday, a day after Toronto police arrested 90 people and laid 186 charges, Kerry said a senior Tory adviser had called him about 10 days ago to ask about Vancouver’s approach, including how it was rolled out and whether there were protests from dispensaries hit with fines if they didn’t meet the new criteria.
“Clearly these shops were popping up to meet a need,” because people with prescriptions for pot weren’t well-served by stringent Health Canada regulations on medicinal marijuana distribution, Jang said.
“We took a public health approach, with help from experts around B.C., and put our policy goals up front - have a place for those who need (medical marijuana) but keep it away from kids and organized crime, and ramp up fines to get the guys (who fail to meet regulations) out.
“In Toronto, the policy goal isn’t clear, except that it’s illegal.”
Jung said nearby Victoria, using Vancouver’s model as a base, relatively quickly established its own regulations.
Toronto politicians and city staff, busy with legalizing Uber in recent months, saw what was happening in B.C. but failed to establish any regulations before the dispensary raids.
Councillor Jim Karygiannis, at a pro-pot protest at Toronto police headquarters - which included some Vancouver activists who said their city’s approach is still to restrict patients’ access to pot - told reporters he tried back in February to get licensing staff working on regulations to restrict dispensary locations.
“I understand dispensaries shouldn’t be close to schools or other educational institutions,” he said, “but we need to have regulations and we need them now. These police raids are a waste of resources.”
Tory spokeswoman Amanda Galbraith noted in an email that the mayor recently asked licensing staff to “look into a regulatory framework by studying regulations in other jurisdictions like Vancouver” and report back in June.
“The mayor is concerned about the health and safety impacts that unlawful marijuana dispensaries are having on neighbourhoods and business across the city,” she wrote. “The speed at which these storefronts are proliferating across the city over the last couple of months is alarming.”
Premier Kathleen Wynne, a close ally of Tory, defended the raids, telling reporters after a speech in Calgary that the pot shop proliferation left police and city staff with no choice but to “take some action.”
But lawyers for some of those charged with trafficking under the Criminal Code and violating a city zoning bylaw say the raids virtually guarantee challenges under the Charter of Rights and Freedoms, which could affect any new rules.
Canada’s Marijuana for Medical Purposes Regulations, which allow mail-only distribution to patients by federally licensed providers, were struck down in February by a federal court judge. Ottawa has until August to draft new rules in line with the Charter and is expected to propose a framework for recreational pot legalization next year.
Osgoode Hall law professor Alan Young said dispensaries with protocols to ensure they were helping medical patients are more likely to enjoy Charter protection than those supplying recreational users.
Young said past charges against “compassion clubs” for medical users he represented have never gone forward.
“The Charter issue has to be argued and litigated, and I would have done it but they always pulled the case,” said Young, who represents some dispensary staff charged Thursday.
