POLICE, CITY IGNORED STORE SELLING POT

Vancouver police and city officials knew that a Commercial Drive cafe had
been openly selling marijuana for months before closing Wednesday, but
didn't act because of a lack of resources.

"We were aware of what the situation was, but we have to prioritize our
responsibilities and the way our resources are deployed," police
spokeswoman Const. Sarah Bloor said.

"When you don't have enough resources, it's hard to take action. We hadn't
received any complaints."

Da Kine Smoke and Beverage Shop at 1018 Commercial Drive, which has sold
marijuana over the counter since opening four months ago, stopped the
practice Wednesday, spooked by the sudden media attention.

Owner Carol Gwilt told reporters she hopes the city and police will allow
her to stay in business and resume selling the drug.

City Councillor Tim Stevenson said late Wednesday the city's legal
department is preparing a report that city council may discuss next week.

He said he knew about the cafe earlier, but it will be up to council to
deal with the matter after seeing the legal department's report.

He said he favours decriminalizing marijuana, but "unfortunately the
federal government has chosen not to act on this. You can't just have
places breaking the law wherever they choose to."

As to whether it's safer that pot be sold in a shop instead of a back
alley, he said: "There's a lot to be said for this, but that's not the law
of the land."

Earlier in the day, explaining her decision to post signs advising
customers that marijuana sales would not be available Wednesday, Gwilt said:

"I'm just being pre-emptive. I'm protecting my assets. I'm closed for my
own protection. There's nothing to bust people for today."

Asked what goods or services her business licence permits her to provide,
Gwilt refused to comment.

However, Pia Tofini Johnson, of the 225-member Commercial Drive Business
Improvement Association, said she is "absolutely livid" that neither police
nor the city have done anything so far to curtail the Da Kine operation.

Johnson said minutes from a July 8 business improvement association meeting
show that two police constables were in attendance when Da Kine's
marijuana-selling activities were discussed.

"Whether they told anybody, who knows," Johnson said.

"The BIA is totally against that place," said Johnson, long-time owner of
Turistano International Travel. "They should never have been allowed to
open in the first place. What they're doing is against the law and it
should be stopped. You can't have selective enforcement of the law."

BIA president Carmen D'Onofrio Jr., an area wine merchant and shoe store
operator, said he remains baffled that Da Kine managed to get its licence
approved, especially since the cafe is located a block away from an
elementary school, a high school and a community centre.

"We're not trying to be exclusive," D'Onofrio said. "All we're asking is
for businesses to be responsible and viable members of the community. This
is a family-oriented neighbourhood."

Bloor said the police force "had concerns" when the cafe first applied to
the city for a business licence in January.

She declined to say what those concerns were, but said they were raised
with city staff, who approved the licence in May.

Now that Gwilt has acknowledged selling marijuana over the counter, Bloor
said police will decide with city officials on a course of action.

"The Vancouver police department is working with city licensing to find a
solution to this," Bloor said in an interview. "Hopefully, the business
licence will be lifted."

Da Kine was also discussed at another business improvement association
meeting on July 15 that was attended by Stevenson, along with staff members
from the city's licensing, engineering, sanitation and parking departments,
Johnson said.

"We brought [Da Kine's activities] to their attention, that people were
selling and smoking on the premises."

Johnson said the merchants were told by a licensing inspector -- whom she
did not identify -- that the licensing department was short-staffed in the
summer, but the matter would be investigated in September.

Barb Windsor, the city's deputy chief licensing inspector, was not
available for comment Wednesday.

Gwilt told reporters she considers her cafe to be a vital part of
Vancouver's overall harm reduction plan when it comes to dealing with drug use.

The marijuana is not on display inside her premises, but is brought out
from a back room -- much as it is in the cannabis cafes in Amsterdam -- and
sales are limited to one ounce a customer. Customers must be at least 19
years old.

While the pot is hidden, a large well-lit showcase containing hashish pipes
and other drug paraphernalia is prominently visible.

On the building's exterior are signs saying tobacco smoking and alcohol
consumption are prohibited inside, while loitering, drug dealing and
"toking" are not allowed out on the street.

"I don't consider what I'm doing to be illegal," Gwilt said. "Cannabis
needs to be removed from the Criminal Code. I'm willing to work with the
police to figure this out."