Some of the laws of cannabis
A British Columbia judge ruled in favor of the city of Vancouver in a fight with illegal hash shops, giving the city an injunction to immediately close 28 or more shops that were denied a business license under a landmark landmark law passed three years ago.
The Supreme Court's Supreme Court Christopher Hankson verdict on Thursday announced Vancouver was right to begin limiting the location of the exploding number of these illegal stores and he rejected the claim of business owners that the city had overstepping its jurisdiction to regulate the sale of the store's The drug, which is federal.
"Retail cannabis departments may also raise issues related to health, safety, public nuisance, and exposure to youth, but like any other business operating in the municipality, the operation of cannabis can cause land collisions, which will affect the local economy and the character of the neighborhood, "The critical facts in this process are not disputed: the non-governmental respondents admit that they operate a retail store that sells cannabis, and today they do not have a required business license … and each of them operates a business that does not comply with the bylaws of the city."
Many of the shops that were locked up in the legal battle were unable to obtain a license because they operate 300 meters apart or a school or community center that violates the laws of Vancouver.
He refused to rule whether Ottawa's ban on the sale of medicinal hashish in the store, which is in the place with the drug, violates the right of patients to reasonable access to the drug. Lawyers for the abusive shops claimed that the huge increase in illegal clinics across the country a few years ago was the result of a "vote with the feet" of patients after the federal government did not give people the ability to buy medical marijuana personally.
Katherine Holm, the city's chief city inspector, told the Globe and Mail that Vancouver was very pleased with the ruling and that the 28 shops should immediately close or face fines that were convicted in the courts, the prison, or both.
"We are working on the details, and we will continue to develop and implement a plan that will ensure this decision," she said two hours after the ruling was handed down.
As of June 25 this year, the city has awarded 3,244 tickets worth $ 2.4 million to shops, which must pay the city, the judge ruled.
"It is very helpful and we are very pleased to see that it is controlled – so we will continue to expect payment and collection of these fines," said Holm.
Despite being a long-standing underground cannabis industry of Canada, B.C. There are only a handful of licensed retail stores selling cannabis.
In Vancouver there were 14 applicants to advance past the early stages of provincial licensing hurdles and approved another four places as compliance with the rules of the city, that is, they are waiting for a final decision from B.C. Before opening.
John Conroy, one of the leading lawyers in the abuse shops, said he was disappointed with the ruling and the judge's refusal to consider the constitution of the current medical marijuana system.
He said he is now considering a challenge that is a gap in access to the sales of medical marijuana store in Federal Court, where he and other staff previously had to allow Ottawa authorized patients to grow their cannabis plants.
As for the stores listed in the order and all others open without the blessing of the City Hall, Mr. Conroy said the authorities now have a legal right to close them. But he said he hoped the city would show some discretion and allow operators such as the BCC. The compassion club club, which was opened illegally in 1997, to remain open and serve patients.
"I would expect that those who do not have their history and reputation and credibility – and who can not be completely medical – may be closed," he said. "I hope the police and the authorities are able to distinguish between those and those who are not."
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