City of Powell River has issued cease and desist letters dated Wednesday, May 11, against two medical cannabis dispensaries operating on Willingdon and Marine avenues.
Grassroots Botanicals Wellness Cooperative and WeeMedical Dispensary Society have been ordered to cease operations because they contravene city bylaws. If the dispensaries do not comply, they can face up to $15,000 in daily fines.
Grassroots co-op director Dan Clarke said he blames WeeMedical for bringing undue attention to the dispensaries. The chain dispensary based out of Nanaimo recently opened on Marine Avenue.
“My place has been totally quiet before this,” said Clarke. “There were no complaints from the RCMP or city council. I’ve been strict about getting medical documentation from people, and I’ve been above board and as official as possible.”
The city made the move to serve the letters despite deciding at its April 19 council meeting to wait for the result of an appeal against a City of Abbotsford injunction before taking any action.
Council met behind closed doors on Thursday, May 5, and decided to move forward with the letters.
"Nothing has come back to an open public meeting," said councillor Russell Brewer. The in-camera meeting is to be reported on at the May 19 council meeting, according to Brewer.
The cease and desist letters come from Lidstone and Company Barristers and Solicitors, the firm that represented the City of Abbotsford in filing an injunction against Weeds Glass & Gifts in January.
Weeds Glass & Gifts has appealed its cease and desist order, but the appellate court decision has not yet been released. Clarke said he is also consulting with a lawyer.
“We talked to city council before we opened and we tried to work with the city as much as possible,” said Clarke. "We left ourselves in a place where we could be casually ignored."
Clarke said the manner in which WeeMedical opened is the "exact opposite" of how he has established his co-op.
"They’ve opened up on the main drag with a big sign and didn’t try to ease their way into the community," said Clarke. "I've been trying to work with the community and discreetly serve the public.”
According to the letter from Lidstone, the firm has been directed to assist in obtaining compliance with the city’s Controlled Substance Property Bylaw and Business Licence Bylaw. Because the federal government has not yet legalized or decriminalized marijuana, medical cannabis is categorized as a controlled substance.
Neither Powell River cannabis dispensary holds a business licence and, according to the letter, Powell River does not issue licenses for businesses that contravene the Controlled Substance Property Bylaw No. 2052, 2004.
Clarke said his co-op provides a community service that is constitutionally protected in the Supreme Court of Canada.
“I consider this to be an unconstitutional injunction from the city," he said. "I don't have a lot of resources behind me. I'm just one person. I'm trying to do something good for Powell River and something that is totally necessary."
Powell River resident Susie Martyn said the injunction will negatively affect residents who rely on medical marijuana.
"Someone I know has gone through hell with autism and severe anxiety disorder, and it's the only thing that's taken the edge off for her," said Martyn. "This is horrible. It's a shame that the city did this because dispensaries are actually providing a service that is helping people who really need it."
