Image Credit: CFJC Today

By Ashley Legassic / Dylana Milobar

CANNABIS RAID

Illegal dispensaries in Kamloops have products seized by provincial unit

Jul 31, 2019 | 12:15 PM

KAMLOOPS — Two illegal cannabis dispensaries had product seized today (July 31) by the Provincial Community Safety Unit.

Members arrived this afternoon at Boomer’s Buds along 12 Street, and attended the Canadian Safe Cannabis Society at 405 Tranquille Rd.

While Kamloops RCMP officers were present at both locations, City of Kamloops Business License Inspector Dave Jones says the enforcement operation was not federally mandated. So their presence was simply to keep the peace as CSU members spoke with business owners.

(CSU officers removing confiscated product from Boomer’s Buds))

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“And at that location (Canadian Safe Cannabis Society), a quantity of illegal product was seized by the Community Safety Unit, and now the owner will be facing provincial legislation charges for that penalty.”

Fines for operating without proper licensing amount to double the selling price of the products seized. Jones says this could mean potentially hundreds of thousands of dollars in penalties for both locations.

“When we left there (CSCS) today, there was no product left on site, and the expectation was that ‘Okay close your doors, don’t reopen’,” he says. “However if they reopen again, the unit is not too far away from Kelowna and they will be back again.”

(RCMP presence outside of Canadian Safe Cannabis Society)

With fines looming, the Society’s owner could decide to dispute. Local lawyer Shawn Buckley has worked with the compassion club in the past, and cites a 2015 decision (R. v. Smith) that found all forms of medical marijuana are permissible for use.

“People have the right, if they have a legitimate medical need, to access cannabis in all forms. And the only place you can get things like edibles are at compassion clubs,” Buckley says. “So until the government decides to make them available otherwise, there is this grey area.”

However, Jones says medical users buying cannabis, then making their own edibles and consuming those products on their own is different than producing or selling for others. Regardless of whether for medical use, he says food producers needs to meet Health Canada requirements.

“Unfortunately, through provincial legislation, the distribution of medical cannabis in the way that they’re selling it is not permitted in provincial rules, and not permitted under federal rules,” he says. “So the medical users to have an option obviously to go to one of three legal stores in town and buy their product, or go online and buy directly online from the producers.”

With legal edibles expected to come to shelves by December, Buckley argues that the timing of the enforcement doesn’t make sense.

“Some other forms of cannabis are going to be legalized. And so this grey area will be less grey. So why are they now terrorizing clubs when they could wait and see? Basically they should wait until the end of the year or a little after, because there’s always a transition period.”

Regardless, the licensing message from the Community Safety Unit has been sent to Kamloops, and for now, both illegal operations have shut their doors.