By Jon Hiltz

 

Making something legal that was previously illegal is complicated business. A perfect example of that is the intricate patchwork of marijuana reform stretching across North America.

In the U.S., more than half the country is able to enjoy pot in a variety of forms, but in the other half of the country, people go to prison for the same pleasures. Further to that quandary, the American feds continue to grasp at the straws of prohibition by refusing to reschedule cannabis.

Canada in many ways is no different. Although the federal government has set a date to enact legislation for adult-use marijuana by spring of 2017, cannabis without a prescription remains illegal until then.

Further to the wait, a significant void still exists in the medical marijuana industry. The federal government modified the MMJ program earlier this year to allow patients to grow their own, because a Supreme Court ruling deemed the old system was much too restrictive.

Previous to that landmark decision, Canadians were forced to get their medicine through Canada Post or a courier, sent directly from their chosen Licensed Producer (LP). That made marijuana the only medicine accessible strictly by mail in Canada.

For these reasons and a laundry list of others that include a lack of strain and product varieties from the LPs — a lack of effective medicine for many — “unlicensed” marijuana dispensaries opened up in every major city across the nation to fill the gap. The vast majority of these establishments serve only card-carrying medical marijuana patients — a popular practice to not openly ruffle the feathers of local law enforcement.

Just like the U.S. federal government, the people at the top in Canada say these dispensaries are illegal, however, the reality on the ground tells a different story. Depending on which province, and sometimes even which city you explore, dispensaries are either in the process of closing by force, reopening, or simply existing under a set of rules.

In Halifax Nova Scotia, for example, there are many dispensaries and delivery services in operation. There is also little news of law enforcement doing anything too hostile, a sentiment that was reiterated by Mayor Michael Savage in an interview with Marijuana.com.

“We don’t issue licenses for marijuana dispensaries. If someone comes to us with a purpose of business that’s against the law then we don’t sanction that,” Savage said. “We’re waiting like everybody else to see what happens with legislation as it goes to Parliament and where it goes.”

Savage is clearly aware of the storefront dispensaries in his jurisdiction, but closing them down has not been a priority. “I don’t know that [law enforcement]is doing it aggressively, but we’re not issuing permits.”

Savage, like many others in local government, have taken the safe stance on the issue by siding with the federal government’s current decision. But what does the Mayor of Halifax think of his colleagues’ actions in British Columbia? Both Victoria and Vancouver have decided to regulate dispensaries.

“My own personal views aside on pot, if it’s against the law, it’s against the law. We don’t sanction it, but at the same time I don’t think we do anything to go out of our way to be overly vigilant.”

Over vigilance is something that cannabis dispensaries in Toronto know too well. In May of this year, just days before one of the largest marijuana conferences in Canadian history, Toronto Police executed Project Claudia. This enormous use of force, normally reserved for large-scale gang arrests, was widely condemned by local communities and the media; even members of the Toronto City Council were outraged.

Now, several months later, Canada’s largest city remains a battleground between dispensaries, police, and law enforcement. The city is now pressuring landlords to evict their dispensary tenants or risk losing their property.

Neither Mayor Tory or Toronto Councillor Joe Cressy, both very vocal opponents of dispensaries, were available for comment.

Meanwhile, a vastly different landscape exists in the marijuana shangri-la known as Victoria, British Columbia. In September, Marijuana.com reported that Victoria B.C. Mayor Lisa Helps established zoning bylaws for dispensaries, a significantly more progressive approach compared to the rest of the country. Helps felt that Victoria had no other choice, due to the vast amount of dispensaries that were opening all over her jurisdiction.

Mayor Helps decision to regulate dispensaries until the federal government comes out with legislation was a bold one, but being the ‘cool parent’ has not come without its challenges.

“It’s going very well and very poorly at the same time,” Helps said. “Some of our dispensaries are following the rules, they’re closing on time, they’re not having consumption on-site, and some of them don’t care what the rules are and are doing whatever they want.”

She went on to add that Victoria has some of the most progressive regulation in the country when it comes to dispensaries. Some of the owners are not honoring those regulations and Helps finds that frustrating considering she and others stuck their necks out for them. “I ride home in the evening and the dispensaries are supposed to close at eight. I see some closed at eight and then one right down the street open. It’s not fair to the people who are following the rules, it’s not fair to their colleagues.”

Despite the challenges with some of the dispensaries, Helps still feels that this is the best way to go considering the lack of direction from the federal government. “Until the federal government steps in and does something, we had no other choice. It’s better to have some rules and ask people to follow them, then to try and crack down. Law enforcement has much bigger fish to fry in Victoria.”

Some of the remaining cities with dispensaries all handle their existence in different ways. Montreal and Ottawa have taken the same view as Toronto on storefront dispensaries, and called in the cops. Meanwhile, our friends in Newfoundland appear to be taking the same stance as their Halifax neighbors.

The unfortunate irony of this whole situation is that while the police across the country either battle it out or turn a blind eye to dispensaries, the federal government is considering an application for the country’s largest pharmacy chain to be the national dispensary of medical marijuana.

In the coming days, everyone will know if dispensaries are included in the suggested framework for adult-use cannabis. The task force’s final exam date has come and gone, and now Canada awaits the results. Until then, keep checking your Weedmaps App to make sure your favourite place to buy bud is still open.