Disrupting a long-accepted status quo, the Grand Forks RCMP completed seizures at local dispensaries on Wednesday afternoon, seizing thousands in product and leaving two local businesses trying to find the way forward.
Around noon on Wednesday, Herbivore Cannabis owner Teresa Taylor received a phone call from her employee. She wasn’t at work, but her employee called to tell her the RCMP was currently seizing the cannabis product from the store, located in the back room of Kocomo’s Coffee House in downtown Grand Forks.
When she arrived, three RCMP officers were bagging cannabis product, and informed Taylor of their “enforcement position” of the Controlled Drugs and Substances Act (CDSA) as the reason for their visit.
“They were collecting anything on-site that was visible, placing it into evidence bags, stating that I was committing an illegal act,” she said in an interview with the Gazette. “I asked . . . why here, now, today, and they referenced the CDSA.”
While Taylor said there were no arrests or charges made, there was an indication that officers could return in future.
“They stated that if the were to return again and there was still product on site and selling happening, that they would not be as nice,” she said. “I can’t remember the exact words but it was said to me several times, ‘look how nice we are being now . . . it might not be that way next time,’ which was to me this ambiguous threat.”
Taylor also said the RCMP made reference to the Dec. 21 article in the Grand Forks Gazette about the opening of her business and the denial of her business license as reasons for the seizure.
Grand Forks RCMP issued a statement Thursday morning confirming the incident and reaffirming the enforcement stance of the detachment.
“Yesterday Grand Forks RCMP attended two marihuana dispensary business in Grand Forks, to inform employees and owners that the businesses are illegal and to advise them to stop selling marihuana,” said a release on the detachment website. “Marihuana continues to be regulated as a controlled substance under the Controlled Drugs and Substances Act, which the RCMP continues to enforce.”
Jim Leslie, executive director of the Kootenay Medicine Tree, confirmed the Medicine Tree had a similar visit from RCMP on Wednesday. At the time, he said they were told the store was the second dispensary visited that day. No arrests were made or charges laid, he added.
“When they walked in they were really just here for a conversation, but they become aware by looking at the case that we had jarred cannabis present for doctor-approved patients,” he said. “We understand the position police are in when they are in the position of observable cannabis.”
Leslie said he estimates the value of product seized at around $7,000-$8,000.
“We are at a crossroads and we now need to take the next step. It is unfortunate this has happened, we are not sure why this has happened now, we have been good actors in this community for two and a half years,” he said. “What changed in the past couple months in this town that caused serious, science-based access to be threatened like this?”
The Business of Dispensaries
Herbivore Cannabis opened in Grand Forks in December. Taylor, daughter of cannabis activist Brian Taylor, said at the time she wanted to provide a craft cannabis option to “therapeutic users.” Taylor has worked in graphic design, but also completed graduate studies in social work, looking at social management of substances. Herbivore is her first retail business operation.
The Kootenay Medicine Tree, meanwhile, opened shop in Grand Forks two and a half years ago. Since then, Leslie said the operation has worked hard to entrench itself with the local medical and heath care communities – providing information on dosages, best practice, and medical use from a peer-reviewed perspective. The store has a secondary shop in Nelson, and also operates a mail-order business. All of their patients are “seriously and chronically ill,” – there is no tolerance for recreational use. Leslie said the Medicine Tree has about 1,300 patients, approximately half of whom live in Grand Forks and utilize the storefront.
Taylor later said in a press release that she was “verbally informed” by city staff that she did not need a business license, given that she was located inside a licensed business already, but she applied for a license regardless. She was denied that license, and cites “discrimination” as the reason.
“Taylor chose to continue application for a business license on January 1, 2017, as the other dispensary in town had held a business license with the City of Grand Forks since 2015,” reads the press release. “ On January 18, 2017, Taylor received a letter from the City of Grand Forks, with CC copy to the local RCMP, denying her business license on the following reasons: An illegal activity has been publically announced as the intent of your business (Taylor’s new business had been featured in a story on the front page of the local paper); The City cannot support or endorse illegal activities.
“As the other dispensary had always been transparent in their actions, the reasons cited by the City suggest discrimination. Taylor followed up with a letter requesting clear explanation of what procedures or policy was followed by the other dispensary, so that she too could comply. On February 8th 2017, Taylor received message that her letter would be forwarded to the City’s legal team for advice,” stated the release.
In the press release issued by the RCMP, detachment commander sergeant Jim Fenske said the RCMP is working with the city regarding the licensing of cannabis-based businesses.
“We are also working in cooperation with our mayor and council, who have informed the RCMP that they will not be issuing business licenses to any business that intends to sell marihuana,” he said.
Leslie said in the years the Medicine Tree has been open there have been no major problems like Wednesday’s seizure. At the time of their opening, in late 2014, there were two public complaints about the stop to the RCMP. After a presentation to council with the support of their patients, the shop was allowed to operate.
Since that time, Leslie said the store has received a general retail business license – he renewed it in January for this year, and has not received any indication that it is in jeopardy.
“I went in and paid for the issuance of a new [business license] in January,” he said. “Council is not regulating medical cannabis dispensaries under bylaws, and they need to. In that vacuum, they at the time issued the license most appropriate for us, which was a general retail license. We continue to work and pay for that license, conducting ourselves as we always do.”
The City of Grand Forks has provided little comment on the issue of dispensaries in the city.
“Council doesn’t currently have a bylaw that allows for the issuance of a business license that is known to operate outside of Canadian or BC laws as they stand today,” wrote communications officer Cavan Gates in an email.
Days and weeks ahead
While her operations are currently suspended, Taylor said the community has been supportive so far. She also launched a petition on Change.org and in-store calling on the city and the RCKB to create a regulation system for cannabis dispensaries in Grand Forks.
“We, the undersigned, petition Mayor and Council of the City of Grand Forks, Roly Russell, Director of the RDKB Area D and Grace McGregor, Director of RDKB Area C to immediately: Call an end to RCMP raids against our community’s cannabis businesses; [and] create municipal regulations for cannabis businesses in the City of Grand Forks, as per resolution of the Union of BC Municipalities and ruling of BC Supreme Court,” the petition reads.
As of publication on Friday evening, the petition had collected 102 signatures.
Leslie said the Medicine Tree is working within its community of doctors and patients to find the way forward. The most important thing, he said, was that patients would still be provided access.
“Here in our dispensary the day-to-day provision of cannabis over the counter to qualified patients is on pause at the moment,” he said. “We are still open and providing access through non-specific channels, so our members will not suffer lack of access. They will not be able to come pick it up here in our dispensary.”
“Because we are the original dispensary connected to the medical community and our patients, we are pursuing our own strategy that we think will have the best chance of a fair playing field for patients and dispensaries,” he added.
Like Taylor, Leslie also cited the B.C. Supreme Court decision from Feb. 14 that stated that while cannabis is a federally controlled substance, municipalities can regulate dispensaries in their municipalities.
For example, the City of Nelson recently passed a bylaw regulating dispensaries within city limits. The bylaw regulates things such as number of dispensaries, their location in relation to each other and to locations with children (such as schools and daycares) and security measures.
“We have made application to the city for delegation status at the next Committee of the Whole meeting,” Leslie said. “We will present and advocate that they take bylaw examples from municipalities like Squamish, Victoria, Vancouver and Nelson, and do the same thing in this town.”
The way forward for dispensaries in Grand Forks, both Taylor and Leslie said, is working with the City to regulate the industry on a municipal level.
“We have had strong response from our members in town and round the region. They are asking what they can do to help us. The RCMP have a job, this is not their fault,” Leslie said. “What you need to do it get up and support us, advocate to city council to act, and create bylaws to regulate us. That is the responsible way ahead. [Our patients] will be doing that en masse, the citizenry of this town is ready to defend local access.”
