Pot Shop Shut Down
Prince George, B.C. – Mounties have shuttered an illegal marijuana storefront business in Prince George.
It was in the 700 block of Fourth Avenue and police allege the business was operating without a license.
Police note marijuana is currently regulated as a controlled substance under the Controlled Drugs Substances Act which they say prohibits the importation, exportation, trafficking, cultivation/production, and possession of it or its derivatives.
“There is no legal mechanism in Canada which allows for medicinal marijuana dispensaries or compassion clubs to sell marijuana to the public, regardless of whether or not the purchaser has a licence to possess marijuana, or whether or not the vendor has a licence to produce marijuana,” says North District RCMP Cpl. Madonna Saunderson.
Prince George RCMP Supt. Warren Brown adds the police are guided by existing laws and must act accordingly.
“We recognize the current complexities surrounding the future legislative changes, however the RCMP is tasked with enforcing the laws of Canada as they exist today.
“police are guided by existing laws and must act accordingly”
and yet Criminal Code (Canada) prescribes that a police officer may arrest a person who is found committing, or who is believed on reasonable grounds to have committed, a criminal offence. This is not a mandatory instruction to the police to adhere to the principle of total enforcement. In effect, it allows the police the ability to choose whether or not to pursue an arrest at their discretion, subject to certain restraints.
That may work with traffic tickets but I don’t think they have much discretion when it comes to very public criminal offenses.
This is all about some fool who decided the law did not apply to him or her.
So, let me see if I have this straight.
Going totally by this article, it appears that one can get two types of licenses relating to marijuana in Canada.
1. A license to produce.
2. A license to possess.
It would then be reasonable that when one produces marijuana, they would also possess it as they produce it from seeds and/or plants. Thus, a producer would require two licenses, unless the producing license is a dual one – production and possession.
Based on what the article says, there is no license to sell marijuana. So how does one gets seeds to produce? A donation? Finding a marijuana patch somewhere and digging up a few seedlings?
I mean, it looks like a holder of a production license cannot even sell it to another holder of a production license. I wonder if one can inherit a few plants? A gift?
This sound like laws around prostitution. One can offer the service for sale and sell it. But to whom? It is illegal to purchase the services of prostitution.
Talk about stupid laws!!! Trust NICE Canadians to come up with such stupidity.
This might all be about some fool who is prepared to take a poorly drafted set of laws to the Supreme Court of Canada – perhaps with a lawyer who is prepared to make a name for him or herself and act pro bono.
“Storefronts selling marijuana, commonly known as “dispensaries” and “compassion clubs,” are not authorized to sell cannabis for medical or any other purposes. These operations are illegally supplied, and provide products that are unregulated and may be unsafe. Illegal storefront distribution and sale of cannabis in Canada are subject to law enforcement action.
Any individual registered to produce a limited amount of cannabis for him/herself may not sell, provide or give cannabis to another person
Registered and designated persons may not produce in excess of the maximum limits outlined in a registration certificate.
It remains illegal for a company or an individual to advertise cannabis to the general public.”
Regardless of the legalities these dispensaries are flourishing throughout BC. It is interesting that the RCMP targeted this one while turning a blind eye to all the others in the province.
There was a recent case where an operator received a ticket from the municipal government for not having a business licence, but as was stated in some of the previous comments the municipality could not grant a business licence as they are considered illegal. They paid the fine and continue on business as usual, no RCMP enforcement or interference.
Every business needs to purchase a business license. Most purchase under a different pretense or not at all. RCMP are required to get a warrant to “raid” a pot shop. These take time which is what most pot shops bank on, most do not even get a business license and play the “I didn’t know” card when finally caught.
The city cannot raid them but they can fine them for not following city bylaws through an enforcement officer. Basically the same as Save-On all of the sudden selling pot in the pharmacy. A bylaw officer cannot “raid” anything just turn over his evidence to the RCMP for further action.
I will bet you not one RCMP detachment has turned a “blind eye” to anything, they first have to do an investigation and apply for a warrant if they find evidence just like they would if you sold pot out of your house – they can’t just go busting down doors.
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