COPS WANT FED APPROVAL BEFORE BUSTING MEDICINAL POT SHOP

Police won't move in and charge anyone involved with the new
medicinal marijuana dispensary operating in Maple Ridge unless they
get approval from the federal Department of Justice to do so.

That's what Ridge Meadows RCMP Supt. Dave Walsh told Maple Ridge
council at a meeting on Monday.

"If we were going to consider any enforcement action in regards to
this it would be at the direction of both Health Canada as well as
the Department of Justice so I guess from our perspective we're still
in the information gathering and consultative stage," he said. "The
decision would be the Department of Justice's as to whether, given
these set of circumstances, they would be willing to prosecute."

Inspector Derren Lench told council there are three medicinal
marijuana dispensaries in Vancouver, two in Victoria and one in
Kelowna. Health Canada grants permission for people with certain
medical conditions to use medicinal marijuana and gives some people
who use it medicinally the right to grow it or to designate someone
to grow it for them. People can also buy marijuana from a federal
government supplier. However, Lench and Walsh pointed out
dispensaries aren't legally allowed to do so.

"They have modelled it after Vancouver and Victoria (dispensaries) so
that's another piece we're looking at, too. Are they turning a blind
eye there?" said Lench.

However, he said even if those municipalities are "turning a blind
eye" that doesn't necessarily mean local RCMP would do so.

Walsh said police also have to determine if the dispensary, operated
by the non-profit Always Growing Green Society (TAGGS), is doing what
they claim to be doing. Society members told The TIMES only people
with federal permission to use medicinal marijuana or people with
doctor's letters could buy pot there.

"Are they what they say they are? Are they selling to kids or selling
to people who don't have medicinal licences?" said Walsh.

Meanwhile, Maple Ridge council members expressed frustration with the
federal government for creating the situation leading to non-profit
medicinal marijuana dispensaries opening up.

Councillor Al Hogarth said "the Department of Justice and our friends
of Ottawa have created a huge black hole in legislation that I think
they should be made aware of."

Hogarth said he agrees there is "legitimate use" of medicinal
marijuana but "we obviously have a problem with the way Ottawa has
brought about this piece of legislation."

Hogarth wants Health Canada to take some responsibility, including
paying the district compensation for any legal costs it has to incur
dealing with the dispensary.

"I would suggest you go as far as to say we want compensation for
what you have put us into," he said. "I don't have a problem being
compassionate, being whatever you want, but it gets to the point of
being ridiculous. Maybe we should just legalize the stuff and get on with it."

Coun. Judy Dueck said council isn't "just sitting here just accepting
that" but is making sure to follow a proper legal route in dealing
with it. "If it's not legal what are they doing here?" she said.

Coun. Craig Speirs argued the current regulatory regime creates
problems for legal medicinal marijuana users to access it.

"This is a difficult thing especially for those who use medicinal
marijuana for health issues. You get a licence to possess and own and
grow but you can't get a licence to sell that it to people with
licences so that makes it very difficult for those who don't have a
green thumb," he said.

Speirs said the federal government should allow people to grow for
more than two medicinal marijuana licence holders to create "economy
of scale", which would make it more affordable for users who are sick
and often don't have a lot of money. He said he'd also like to see
medicinal marijuana grown in industrial or agricultural areas and not
in residential areas. Speirs also questioned whether the RCMP would
"lump in" the medicinal marijuana dispensary non-profit with criminal
gangs growing marijuana.

"Do you put the resources the RCMP enjoys and would employ against a
gang...does that also apply to this compassionate network?" he said.

Coun. Cheryl Ashlie asked if the district should ask Health Canada to
go after people with medicinal marijuana licences who are using the
dispensary, which isn't legally allowed to sell medicinal marijuana

"I guess I'm questioning why we're not punting it back to Health
Canada to keep their licences under control?" she said, adding people
with permission to use medicinal marijuana must have to agree to
specific terms and conditions.

Ashlie said the dispensary is breaking the law and she told police to
"do whatever you have to do to go after (the dispensary)."

"The law's the law no matter how sick you are or who you are," she said.

Coun. Mike Morden is fearful the dispensary will pose a "safety
hazard" for the Haney neighbourhood and predicts there could be armed
robberies.

"Something is going to happen on that premises that will cause the
RCMP to attend and they will be forced to deal with it. We need to be
in a position as a community to address the safety of our citizens
upfront and ahead of time," said Morden.

However, Speirs pointed out there are currently armed robberies of
pharmacies selling legal drugs.

Brock McDonald, director of business licencing, permits and bylaws,
told council because the dispensary is operated by a non-profit it's
not required to have a business licence.

Morden said he wants that to change so council has the ability to
regulate non-profit activities.