The issue of business licenses for medical marijuana dispensaries arose again at Council this week. At their regular meeting on Tuesday, May 23, 2017, Council received a delegation from a proponent, Kim Cox, who had previously been granted a business license for a dispensary, but had been denied when the application changed. She was accompanied by her attorney, Wes Rogers, who spoke for her.
Rogers told Council that Ms. Cox had applied for a business license under her own name last November and it had been granted. She had intended to open the dispensary in the Platzl.
“There was some comment whether the Platzl was an appropriate place but Council approved the license,” he said.
“She canvassed local business owners and there were mixed results. She decided it would be better to move to Marysville.”
The old Barking Gecco building was the choice, he said. However renovations were required and she had to seek more capital. Rogers said she found some shareholders and incorporated to raise capital.
However, when she went to change her business license application to reflect the corporation, she was told it would be treated as a new application.
As is standard, all applications to run a marijuana dispensary in Kimberley are rejected by staff because of their uncertain legal status. On two previous occasions, owners applied for reconsideration and were granted licenses.
Rogers said that his client is applying for reconsideration on the same grounds. He said this dispensary would be operated in a professional and secure manner just like the others, using legal producers. It would be a discreet and respectful business, just like the other two and would be a benefit to sick people.
Rogers said he dealt with personal injury and numerous clients of had tried different pain medications and then turned to medicinal marijuana.
“It’s a credit to Kimberley that my clients can get their medicine in Kimberley,” he said.
He also reminded Council that there had been no complaints about any of the operating dispensaries and nothing in law has changed.
“For the RCMP to refer to possible future complaints is not relevant,” he said. “It’s purely speculative. There is no evidence there will be complaints.
“At the end of the day, my client wants to be treated fairly and equally. A city cannot prefer one individual over another. Municipal policies must be impartial.”
Count. Darryl Oakley began the comments by saying he wanted some clarity as to exactly what the situation was given that federal law was pending.
“Maybe all dispensaries will be closed,” he said. “I am in support of getting more information from staff.”
Mayor Don McCormick said that the City has received in the neighbourhood of 10 to 12 proponents looking for a business license and only two had been approved.
McCormick said that a great deal has changed in the last 18 months.
“The world has changed. There is draft legislation in place.”
He said the legislation was vague and he didn’t even know if dispensaries are mentioned in it.
“We need to be cautious how we move forward,” he said. “I worry about what path it will take us down. We don’t have bylaws around location. We don’t have special license fees. With impending legislation, we must pay attention. I don’t think approving another would be prudent. All of these applications go counter to policy in place.”
Rogers was quick to point out that in fact three had been approved, including his client.
Rogers said that denying Ms. Cox when she has risked so much gives an unfair advantage to the other two operating dispensaries.
“Your point is well taken,” McCormick said. “There were three licenses granted and two were implemented. However, this is an illegal business. Council took a huge risk allowing them. It’s not a market scenario we are talking about.”
Council decided to ask staff to bring them back a report that considers the regulatory path going forward.
City CAO Scott Sommerville said staff had been expecting they would be asked for a report and one would be ready for June 12.
Later, McCormick said that he felt the RCMP were in a very difficult position.
“It’s a very grey area for law enforcement. I think under the circumstances, the RCMP has done an outstanding job and the fear of future problems is legitimate. The more complexity you add, the more chance of unforeseen problems.