Dispensary

A B.C. Supreme court judge ruled Tuesday that municipalities have the right to regulate marijuana dispensaries and cities have the right to deny them business licences and implement bylaws banning the sale of pot.

The case centred on Mary Jane’s Glass and Gifts in Abbotsford, one of the many dispensaries operated by Don Briere.

• Abbotsford seeks to banish marijuana magnate Donald Briere

The City of Abbotsford moved to shut it down, but Briere’s lawyer tried to challenge that, arguing the city was violating the Constitution by restricting access to medical marijuana.

He also argued the city was stepping out of its jurisdiction because pot is a substance controlled by the federal government.

The judge found that even though pot is regulated federally, it doesn’t mean a lower authority can’t regulate it.

• Marijuana dispensary still planning to open in Prince George despite closure by RCMP

In addition, she found federal laws don’t guarantee access to medical marijuana through dispensaries.

The decision comes amid confusion over who regulates dispensaries.

Cities like Vancouver have moved to license a small number of pot shops but others have moved to shut them down.

• Langford sues pot shop that reopened after police shut it down

For instance, in Langford two people were arrested following a Wednesday raid at a pot shop that had already been shuttered once.

Green Tree Medical Dispensary is facing a civil suit from the city compelling it to permanently cease operations.

With files from Farrah Merali

Hamilton police have charged the owner of a medical marijuana dispensary on Ottawa Street North and seized about $100,000 of inventory.

The vice and drug unit used a search warrant to enter MMJ Canada, a dispensary at 146 Ottawa Street North, around 1 p.m. on Tuesday.

“The operator of this dispensary was committing the criminal acts of possession for the purpose of trafficking marijuana and THC because they were selling or giving away marihuana or marihuana derivatives from their location,” police say.

• Hamilton police bust another medical marijuana dispensary
• Police raid pot dispensary and charge owner, who says he’s caught in legal limbo

The inventory seized included marijuana and marijuana-derivative products, including edible THC-based products.

The owner, a 28-year-old man from Quebec residing in Hamilton, was charged on multiple drug-related counts. He was released on a promise to appear in court at a future date to answer to the charges.

The federal government has committed to legalizing marijuana, but until that happens, police say, they will follow the law and charge people who sell marijuana.

As for the dispensaries, Clint Younge, CEO of MMJ Canada, said in the fall that he hired a lawyer to fight charges related to the raid on his Hess Village dispensary. Younge maintained that prosecuting him was a waste of resources.

“Why there’s such an aggressive approach in Ontario, I do not understand,” he told CBC Hamilton.

‘Work with us,’ say dispensary owners

Several dispensaries in the city have been raided in recent months. In a Facebook post Tuesday, Pacifico dispensary on James St. North said its landlord had received a bylaw violation notice from the city.

• City looks for new ways to crack down on Hamilton pot dispensaries
• ‘Work with us,’ pot activists say at city hall dispensary rally

“These notices came in the form of a ‘Cease & Desist Order’ which by definition means to stop and not continue or else face impending judicial enforcement,” the post reads.

Licensing director Ken Leendertse told CBC News that all known dispensaries and the property owners received the notices that the dispensaries are operating in a space that isn’t zoned to sell pot.

He said upon conviction, the maximum fine for a person is $25,000, while a corporation would face a $50,000 fine. If the business didn’t comply, they would face subsequent fines of $10,000 a day for a person, or $25,000 a day for a corporation.

The Liberal government has said it is preparing to introduce legislation to “legalize, regulate and restrict access to marijuana” before this summer.

Four teenage boys are among six people charged in a string of armed robberies that targeted illegal marijuana dispensaries across Toronto.

Toronto police say one suspect remains at large after four dispensaries, and a convenience store, were robbed between March 17 and April 7.

In the dispensary robberies, police say masked suspects armed with handguns “took physical control of the employees” before stealing marijuana and cash.

The dispensaries targeted were at 1605 Dundas St. W., 350 Broadview Ave., 1363 Dundas St. W., and 33 Spadina Ave.

On Wednesday March 15, two of the suspects now facing charges, and a third unidentified male, allegedly robbed a convenience store in the Rexdale Boulevard and Islington Avenue area.

Police say they tackled the store clerk before making off with cash and lottery tickets.

Two adults, Nejahwan Grant, 20, and Kayla Couto, 24, both of Mississauga and four teenage boys between the ages of 15 and 17, were arrested last Thursday.

They face a slew of robbery and weapons charges.

In a release, police said some of the dispensary robberies were not reported to police.

“Furthermore, some owners and victims were unwilling to cooperate with the investigation,” police added.

Last week the federal government tabled legislation to legalize recreational marijuana, but the sale of marijuana outside of the current medical framework through mail order remains illegal and police say they will continue to enforce the law.

TORONTO – Despite a lack of co-operation from some victims, cops smoked out six suspected crooks thought to be responsible for a string of recent gunpoint pot shop heists in the city.

Toronto Police allege various members of the crew of armed robbers held up at least four marijuana dispensaries and a variety store between March 17 and April 7.

“In each of these robberies, several males entered the dispensary wearing disguises and armed with handguns,” Holdup Squad Staff.-Insp. Mike Earl said Wednesday. “The bandits physically took control of the shop employees, then made off with cash and marijuana.”

The robberies include Mother Earth at 1506 Dundas St. W., Canna Clinic at 350 Broadview Ave., Purple Dream at 1363 Dundas St. W., and Cloud 6ix at 333 Spadina Ave.

Earl said two of the accused and a third male, who has not yet been identified, are also believed to be behind a violent March 15 heist at a Rexdale convenience store — near Rexdale Blvd. and Islington Ave.

“In that robbery, the bandits tackled the employee to the ground, then stole cash and lottery tickets,” he said.

Investigators arrested four teenage boys, a woman and a man on April 13.

The accused — Nejahwan Grant, 20. and Kayla Couto, 24, both of Mississauga, three Pickering boys, aged 15, 16 and 17, and a 16-year-old Toronto boy — face an assortment of related charges and are expected to appear at Old City Hall court on Friday.

Earl said the investigation is ongoing and it’s possible more illegal weed shops were robbed but never told authorities about the crime.

“Some of these robberies were not reported to police,” he said. “Furthermore, some owners and victims have been unwilling to co-operate with the investigation.”

Earl believes bandits who have been targeting dispensaries in the city “count on” staff staying mum.

“So it’s important that any dispensary owners or employees who have been victimized come forward,” he said, adding it would be especially helpful if the shops also handed surveillance video over to cops.

Anyone with information is asked to call the Holdup Unit at 416-808-7350 or Crime Stoppers anonymously at 416-222-8477.

Police have charged four teenage boys and two adults in connection with a series of violent armed robberies of marijuana dispensaries throughout downtown Toronto.

Toronto police said four marijuana dispensaries were held up by suspects armed with handguns and wearing disguises between March 17 and April 7.

The dispensaries were located at 1506 Dundas Street West, 350 Broadview Avenue, 1363 Dundas Street West, and 333 Spadina Avenue.

READ MORE: Violent armed robberies of Toronto marijuana dispensaries not getting reported: police

Police said the armed suspects “took physical control of the employees” before stealing undisclosed amounts of marijuana and money.

On March 15, police said two of the suspects and a third unidentified male also robbed a convenient store near Rexdale Boulevard and Islington Avenue.

Police said an employee was tackled to the ground in that incident and cash and lottery tickets were stolen.

A man, a woman and four teenage boys, who cannot be identified under the provisions of the Youth Criminal Justice Act, were arrested Thursday and charged with the following offences:

• Nejahwan Grant, 20, of Mississauga, was charged with use of an imitation firearm, possession of stolen property and conspiracy to commit an indictable offence.
• Kayla Couto, 24, of Mississauga, was charged with possession of stolen property.
• A 16-year-old boy and a 15-year-old boy, both of Pickering, were charged with four counts each of robbery and use of an imitation firearm, two counts of disguise with intent and conspiracy to commit an indictable offence.
• A 16-year-old Toronto boy faces four counts of robbery, four counts of use of an imitation firearm, two counts of disguise with intent, conspiracy to commit an indictable offence and four counts of failure to comply with recognizance.
• A 17-year-old Pickering boy was charged with four counts of robbery, conspiracy to commit an indictable offence and three counts each of use of an imitation firearm and failure to comply with recognizance.

All of the suspects appeared in a Toronto court Friday. Police said some of the robberies were not reported by the alleged victims and that some dispensary owners did not cooperate with the investigation.

Investigators are still seeking several outstanding parties in connection with the robberies but did not comment further.

In January, Toronto police said violent armed dispensary robberies were a growing “public safety issue” made worse by the lack of reporting by owners.

Toronto police disturbed by lack of reporting on robberies by marijuana dispensary owners

Toronto police Supt. Bryce Evans said that between June 2016 and January 2017 there were 13 robberies of illegal marijuana dispensaries in the city. Suspects were armed with handguns in 10 of those incidents.

On Dec. 21, police said four or five masked suspects armed with firearms “stormed” the Canna Clinic marijuana dispensary located at 213 Ossington Ave. and ordered employees and customers to the ground as they stole an undisclosed amount of marijuana products and cash.

Evans said police then attended the dispensary and were met with employees who were “not forthcoming,” “refused to answer any questions” and declined to share surveillance video with investigators.

READ MORE: Toronto marijuana dispensary robbed, employee pistol-whipped: police

In May 2016, Toronto police raided dozens of marijuana dispensaries in the city, seized hundreds of kilograms of marijuana and laid more than 250 charges under an investigation dubbed Project Claudia.

Evans said in January he suspected the targeted robberies could be related to gang activity due to the involvement of guns and masked suspects.

The Toronto Dispensary Coalition said dispensaries across the city were being stigmatized by “violent” police raids and that the rash of robberies at the time were linked to the storefront crackdowns by officers.

READ MORE: Toronto marijuana advocates link dispensary robberies to ‘violent’ police raids

The group representing dispensaries across the city said the businesses were being unfairly targeted by police and that city officials should move towards regulation to improve community safety.

Alleged victims of previous unreported robberies or anyone with information is asked to contact police at 416-808-7350 or Crime Stoppers anonymously at 416-222-TIPS (8477).

With legalization legislation looming this spring, should police continue to arrest and charge people who run marijuana dispensaries?

Toronto police had a clear answer this week: yes.

On Wednesday and Thursday, Toronto police helmed an operation that saw 11 search warrants executed at dispensaries in three Canadian cities and five people arrested — including Canada’s so-called prince of pot, Marc Emery, and his wife — for charges that range from possession to trafficking.

• Marc and Jodie Emery charged with drug trafficking, conspiracy, possession
• Marijuana legalization: dispensaries will keep selling weed in 2017, and police will keep raiding them

Notably, raids were carried out at the behest of Toronto police in Vancouver, the only city in Canada that has drafted a set of bylaws to regulate marijuana shops in the absence of federal laws.

“The dispensary advocates want you to believe … there’s a grey area. There isn’t,” said Toronto police spokesperson Mark Pugash after the operation, which they called Project Gator. “The fact is, however you try to shine this, it is against the law.”

But critics say occasional crackdowns by police on selected dispensaries sow confusion and are a waste of police resources.

“Just because there’s not a grey area when it comes to the law in the books doesn’t mean there’s not a grey area in practice in terms of what’s happening on the ground,” said lawyer Gerald Chan.

Police use ‘discretion’ when they decide to enforce a law: Chan

The Toronto police said that by raiding Emery’s chain of marijuana shops, they were simply enforcing the law — dispensaries are illegal, so they took action.

• ‘It’s unlawful’: Police Chief Mark Saunders defends pot dispensary raids

Not good enough, said Chan, who has defended clients on drug charges and written about the need to clarify marijuana laws.

“It’s a bit of a fiction to say that the police enforce every single law on the books. The criminal code, when I last checked, had over 800 sections. There’s necessarily some exercise of discretion when it comes to law enforcement.”

Chan argued that in a world of “limited resources,” police attention on marijuana shops takes it away from other areas, a problem in a justice system he described as “overburdened.”

He also pointed out that dispensaries do have a legal defence in their corner, pointing to “certain constitutional exceptions for people who are selling to documented medical patients.”

Craig Jones, the executive director of the National Organization for the Reform of Marijuana Laws in Canada (NORML), a long-time marijuana law lobby group, said that there’s been “no discernable pattern” in how police have reacted to dispensaries, leading to confusion.

“They’ve got to make a show of force and show they are upholding a law because the law is still on the books. But it’s selective, and there’s no rhyme or reason to it,” he said.

What happens now?

Prime Minister Justin Trudeau said at the beginning of the month that new marijuana legislation should be ready by summer — but that until then, the laws on the books stand.

“Until we have a framework to control and regulate marijuana, the current laws apply,” he said.

• Trudeau says marijuana legislation expected by summer
• Legalization limbo: marijuana in grey area while government prepares change in the law
• Canada eyes marijuana legalization as it manages U.S. relationship

So will police continue to raid dispensaries until the day new legislation is passed?

“I think they will,” said Jones. “I think the police are in a very difficult position.”

In the meantime, Chan said, Canadians are confused.

“The reality on the ground is becoming untenable, with people reasonably believing that [dispensaries are] something that would not lead to an arrest and criminal charges,” he said.

He also wonders if any charges laid now will stick, given incoming legislation.

“The vast majority of these cases will still be in the system at the time marijuana becomes legalized,” he said. “It will be a question whether they continue through to trial or if the crown looks at them and says, ‘there’s no public interest here in proceeding.'”