MARIJUANA DISPENSARIES IN VANCOUVER There ought to be a (Valid)Law LEGAL DISCLAIMER-1
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1 MARIJUANA DISPENSARIES IN VANCOUVER There ought to be a (Valid)Law LEGAL DISCLAIMER-1! I don t speak for the Law Society of BC or Simon Fraser University or Thompson Rivers University or the Globe and Mail.! Or Boughton Law 1
2 LEGAL DISCLAIMER-2! I SUPPORT THE DECRIMINALIZATION OF MARIJUANA.! AND THE REASON IS Alcohol Kills 2
3 Vancouver Stanley Cup Riots Imagine if they d been all stoned instead? 3
4 I M ONLY HERE FOR ONE REASON ONCE THE RETAIL STORES STARTED GROWING LIKE WEEDS 4
5 AND THAT DIDN T INCLUDE LAWYERS ASKING ME IF IT WAS ETHICAL TO ADVISE A CLIENT ABOUT OPENING UP A RETAIL MARIJUANA BUSINESS WHAT DO I DO, TONY? 5
6 SO I DID SOME RESEARCH I CALLED A CRIMINAL LAWYER I KNOW AT THE CROWN 6
7 AND I GOT THE ANSWER CAN YOU SELL POT LEGALLY AT RETAIL? 7
8 HERE S WHAT THE CONSTITUTION ACT SAYS THE FEDS CAN REGULATE! *The Public Debt and Property. *The Regulation of Trade and Commerce. *The Raising of Money by any Mode or System of Taxation. *Postal Service. *Militia, Military and Naval Service, and Defence.! AS WELL AS THESE *Navigation and Shipping. *Currency and Coinage *Banking, Incorporation of Banks, and the Issue of Paper Money *Bankruptcy and Insolvency *First Nations *Naturalization and Aliens *Marriage and Divorce! The Criminal Law 8
9 HERE S WHAT THE PROVINCES ARE ENTITLED TO LEGISLATE ON! Direct Taxation within the Province! The Management and Sale of the Public Lands Timber and Wood thereon.! The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, Shop, Saloon, Tavern, Auctioneer, and other Licences in order to raise revenue! Local Works and Undertakings! The Solemnization of Marriage in the Province.! Property and Civil Rights within the Province.! The Administration of Justice in the Province! Generally all Matters of a merely local or private Nature in the Province. So only the Federal Government can legislate on Criminal Law Matters 9
10 Canadian Marijuana Law 101! 1. The possession and sale of marijuana is contrary to sections 4 and 5 of the FEDERAL CONTROLLED DRUG AND SUBSTANCES ACT (CDSA).! 2. The only exception is medical marijuana and it s only medical marijuana if it s distributed by mail through registered producers licensed under the MARIHUANA FOR MEDICAL PURPOSES REGULATIONS (MMPR) Marijuana Law 102! Only available to persons with a physician s prescription who have registered under the MMPR.! The marijuana can only be distributed to that person IN THE MAIL by a registered producer. 10
11 Marijuana Law 103 It can only be obtained through one of 18 fully authorized licensed producers THIS IS THE ONLY LEGAL WAY THAT MARIJUANA CAN BE BOUGHT AND SOLD IN CANADA! So if a retail marijuana outlet in Vancouver is receiving its inventory of marijuana from an AUTHORIZED PRODUCER under the MMPR, the producer is breaking the law by selling to the retailer, rather than to registered individuals through the mail, with prescriptions.! What authorized producer in their right mind would sell to retailers and risk losing their business? 11
12 More Law! The retailer is breaking the law because it s selling to consumers in a retail store environment when the sale should be directly between the authorized producer and the patient, again by mail. The Bottom Line! In short, there shouldn t be a retailer at all, and there s no way a retailer can be operating a legal business without contravening section 4 or 5 of the CDSA.! Period 12
13 So What s Happening? THE SALT MARCH OF 1930! Britain s Salt Acts prohibited Indians from collecting or selling salt.! Citizens were forced to buy salt from the British, who, in addition to exercising a monopoly over salt, also charged a heavy salt tax.! Defying the Salt Acts, Gandhi reasoned, would be an simple way for many Indians to break a British law nonviolently. 13
14 CIVIL DISOBEDIENCE 101! Like the salt march, the growth of retail marijuana outlets in Vancouver is brilliant exercise in both civil disobedience and spin doctoring and should be a case study at the Harvard Business School. The law of unintended consequences is working overtime 14
15 Rentals to Pot Shops! Landlords who have rented commercial space to retail marijuana outlets will find themselves without a tenant if and when the shops are closed down.! Insurance companies may well decline insurance for illegal businesses such as retail pot shops, and this may affect a landlord s ability to insure the entire building. More Consequences! B.C. s Civil Forfeiture Act may be triggered, whereby landlords could lose title to their property if they have rented premises to a person or entity involved in an unlawful activity on those premises.! Health Canada wrote a warning letter to Vancouver radio station CKNW to stop promoting a retail marijuana store on air, stating that the outlet was and illegal business and that advertising marijuana for any purpose is contrary to law 15
16 Yes Even lawyers! Even lawyers should be careful. Its one thing to incorporate a Company to run a pot shop or advise on a lease. Its another when you re advising on how the pot should be bought and distributed.! At some point, you re advising on how to do something illegal! The City of Vancouver has decided to regulate retail marijuana outlets 16
17 Retail marijuana outlets are still illegal businesses.! The City of Vancouver does not have the jurisdiction to regulate an illegal business.! Its like Ottawa suddenly charging a for building permits or re-zonings. Reductio ad Absurdum! If Vancouver can regulate an illegal business like retail marijuana outlets, why can t it print its own currency, or grant citizenship, or enter other areas of federal jurisdiction?! Why cant Ottawa conduct re-zoning applications? 17
18 The $30,0000 Question! How can Vancouver expect any legitimate business to comply with its other bylaws if it s breaking federal criminal law?! Vancouver may find that the $30,000 it proposes to take as a licensing fee amounts to proceeds of crime under the Criminal Code and that the city is a conspirator in illegal drug trafficking. Post Script! Lots of Hate Mail on that article, my favorites were:! How Can you live with yourself! you are ignorant! I will never read the Globe and Mail again and am cancelling my subscription 18
19 If you want to change the law, you know what you have to do 19
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