By Greg Fry

Kamloops lawyer questions city over pot bust

May 8, 2018 | 12:00 PM

KAMLOOPS — A Kamloops lawyer has expressed alarm following Monday’s pot shop bust on Hillside Drive.

The Canna Clinic was shut down and two employees arrested after RCMP said the shop had been operating illegally within the City of Kamloops.

“I’m quite alarmed. So, when you read the news release from the RCMP, they’re basically justifying this, saying, ‘Well, these guys are blatantly breaking the law because they are failing to follow the Kamloops bylaw,’” says Shawn Buckley, principal lawyer with Buckley and Company. “Well, Kamloops will not issue a business license. So, the city itself is creating the illegal behaviour.”

He adds the RCMP aren’t saying they’re going after the business under the Controlled Drugs and Substances Act “because they know they would fail in court” and because Canadians have a constitutional right to medicinal marijuana.

Buckley notes the timing of the bust was quite troubling with marijuana legalization so close at hand and many citizens in need of the products.

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“Why is the city wanting to shut these down? Do they not care about the citizens of Kamloops that have medicinal need and are getting tremendous relief from these products? That seems lost in this. We’re talking about bylaw violations. The person who won’t be able to sleep because they’re in constant pain… I just can’t get my head around that we’re actually shutting down a club when we’re on the verge of it being legalized for recreational purposes.”

The City of Kamloops is holding a public hearing regarding retail marijuana zoning tonight and Buckley says there’s something he’d like to see done.

“I would like the city to come up with a temporary business license situation so that the clubs that are legitimately acting for medicinal needs don’t have to be looking over their shoulders simply because they’re fulfilling a niche the Supreme Court of Canada says needs to be filled.”