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Being a pot dealer is not what it used to be

Sunday Big Read: the business of selling marijuana in B.C. is a slow bureaucratic slog
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Cannabis retail store rezoning application (Cole Schisler photo)

After 10 years, Dana Larsen91裸聊视频檚 high-profile dispensary on East Hastings Street in Vancouver was forced to end all sales of cannabis or be held in contempt of court.

It was one of several illicit dispensaries operating in the city ordered to close by the B.C. Supreme Court. A similar fate is expected for many similar B.C. operations that fail to obtain a provincial license.

Larsen91裸聊视频檚 other dispensary on Thurlow Street in downtown Vancouver does have a development permit and continues to serve customers.

91裸聊视频淣ow we have huge lineups there, as all of our customers from the downtown eastside have to truck over there to buy their cannabis, which to me, is kind of absurd,91裸聊视频 Larsen said.

Larsen is one of Vancouver91裸聊视频檚 most prominent cannabis advocates.

He is the co-founder of the Vancouver seed bank, an organization that gave growers access to cannabis seeds. He also helped organize the first ever 4/20 celebrations in Vancouver, and has published several books about cannabis. He has spent most of his life advocating for legal cannabis in Canada.

But now that legalization has happened, Larsen is left feeling disappointed.

91裸聊视频淚n your imagination you think there91裸聊视频檚 going to be a day where they announce they were wrong and you were right, and prohibition was a racist, bigoted, ignorant bunch of nonsense that never should have started, but that day is probably still a long way away. This kind of corporatized, punitive, and restrictive cannabis, if you look historically, I suppose it91裸聊视频檚 not surprising,91裸聊视频 Larsen said.

Since legalization, many Canadians have taken to social media to express concerns around cannabis regulations ranging from quality, to fair access, and lack of retail locations.

As it stands now, only licensed retailers are permitted to sell cannabis, and that cannabis must come from a licensed producer. Retailers must also navigate a complex approval process that relies heavily on municipal governments. These regulations have led the B.C. government to adjust their estimated cannabis revenues from $200 million to $68 million.

Many dispensaries have remained open in spite of the regulations.

One of those retailers is Trees, a dispensary chain based on Vancouver Island. Trees operates eight locations 91裸聊视频 five in Victoria, two in Nanaimo, and one in Vancouver91裸聊视频檚 downtown eastside.

It began with three cannabis compassion clubs in 2014: the Vancouver Island Health Advocacy Centre in Nanaimo, Shiva Compassion Society in Victoria, and the Dank Bank which was also in Victoria.

The owners ran into financial trouble when they were audited by the Canadian Revenue Agency. But an investor from Vancouver saw that Trees would be a potentially successful business model, and moved to buy the compassion clubs in January 2015.

Shortly after the investment, Alex Robb, a PhD student from the University of Victoria was hired at Trees. He worked his way through the company to become the CEO, and has guided Trees through the process of licensing all their locations.

According to Robb the system is fairly complex.

Dispensaries must make an application to the Liquor and Cannabis Regulation Branch, (LCRB) to open a retail store. The LCRB returns the completed application to the local government, and the location must be approved for rezoning.

If rezoning is approved, the application goes back to the LCRB for the business to be deemed 91裸聊视频渇it and proper.91裸聊视频

The dispensary must then notify all residents and businesses within 50 metres about the opening of a store. Public feedback is brought to the municipal government which gives the final note of approval to the province. If the municipal government approves a location, the LRCB then approves or rejects the license.

Once the license is approved, municipalities can issue a business license and dispensaries can operate with their license to order cannabis from the Liquor Distribution Branch, (BCLDB). Orders have been plagued by supply shortages and have left some dispensaries unable to meet demand.

The process may vary throughout B.C. as different municipalities have different regulations and bylaws.


91裸聊视频淭his was one of the reasons for B.C.91裸聊视频檚 delays,91裸聊视频 Robb said. 91裸聊视频淭he B.C. government decided they wanted to create a system where the local governments had a lot of say in the land use, zoning, and the rules by which a cannabis retail store would be run.91裸聊视频

91裸聊视频淭hen there were the municipal elections in September. So, a lot of cities, not only did they not have a chance to get the rules in place that would determine how they would choose zoning, or land use for cannabis, but there was also a whole new slate of city councillors elected that had to be educated on the issue, and what their powers as local government are.91裸聊视频

Trees is currently at the stage of financial background checks with the province, and has provided all business records spanning their four year history.

91裸聊视频淭hey want to know that you91裸聊视频檙e financially able and the money doesn91裸聊视频檛 come from organized crime,91裸聊视频 Robb said. 91裸聊视频淭rees has been in operation since 2015, so we have four and a half years of business history. We had to go back and find the loans, from a grower actually, that launched the business in the first place.91裸聊视频

To date, Trees has spent hundreds of thousands of dollars to get its eight locations licensed. Robb broke down the licensing costs for one location in Victoria to give an example.

91裸聊视频淭he application for the license provincially was $7,500. The application for the rezoning was $7,500. Once you91裸聊视频檙e rezoned, you have to schedule a public hearing, which is an additional $2,000. Then there91裸聊视频檚 an additional $1,500 licence fee after they91裸聊视频檝e approved you in principle,91裸聊视频 he said.

91裸聊视频淪o it91裸聊视频檚 $15,000 to apply, then if you get past a certain step it91裸聊视频檚 an additional $5,000. The applications alone are $20,000. Then you have to pay architect91裸聊视频檚 fees, legal fees, so you91裸聊视频檙e looking at about $8,000 in professional fees. I91裸聊视频檇 say it91裸聊视频檚 about $30,000 just to get the application together.91裸聊视频

After the approval process, Robb said businesses would want $60,000 to $100,000 to purchase inventory for the BCLDB. Altogether, one store could cost a minimum of $200,000.

These costs create a higher barrier for investors and entrepreneurs looking to enter the industry, however they are comparable to opening a private liquor store.

In typical retail businesses like a cafe or restaurant, the fees are much lower, and businesses often open quickly after their application is approved. With cannabis retailers, the costs are far greater, and the approval process could leave businesses waiting a year or longer. An added challenge is that most banks will not give loans to entrepreneurs wanting to open cannabis stores.

The delays associated with licensing a cannabis store are part of the reason why Trees has remained open, despite technically being an illicit retailer.

91裸聊视频淲e91裸聊视频檝e continued to operate because we had been operating for four years. We91裸聊视频檝e been proceeding through the application process, we are anticipating being licensed in a matter of weeks,91裸聊视频 Robb said. 91裸聊视频淭he reason we decided not to close down was we saw the process was going to take several months. And we saw that the election cycle was coming for municipal governments.91裸聊视频

91裸聊视频淲e employ 170 people. We91裸聊视频檙e a significant hub of south Vancouver Island91裸聊视频檚 economic activity in terms of the ongoing cannabis economy. We have nine different leases that we have to pay, so to close down without knowing we would be able to open in two months, or six months, or nine months 91裸聊视频 it turned out the first store to be licensed in Victoria was six months 91裸聊视频 we91裸聊视频檙e hoping we can be licensed nine months after legalization.91裸聊视频

Trees91裸聊视频 decision to remain open likely won91裸聊视频檛 impact their application, as the municipalities where their stores operate have allowed them to do so.

All products sold at Trees are sourced from a network of unlicensed growers on Vancouver Island. This means that all cannabis products currently sold at Trees are illegal under the federal Cannabis Act and the Cannabis Control Licensing Act of B.C. Once they become licensed they will only sell BCLDB products.

The Ministry of Public safety said in a statement that all legal non-medical cannabis has an excise stamp attached to its packaging, and products without the stamp are not legal for sale in B.C. This could leave customers liable for a $575 fine for purchasing illicit cannabis from a dispensary, with a potential maximum fine of $10,000 and up to 6 months in prison, or both.

Robb says that91裸聊视频檚 a risk most consumers are aware of and willing to take.

91裸聊视频淚 absolutely am certain they are aware. We train all of our staff to explain we are in the process of being licensed, we91裸聊视频檙e still open because we91裸聊视频檝e been open for years serving the community in this area, and we91裸聊视频檙e continuing to do so while our license is in process. We make no claim to be a licensed store, and I think that everybody probably knows that we91裸聊视频檙e not,91裸聊视频 Robb said.

Despite operating illegally for four and a half years, Trees has consistently paid all relevant taxes. They have paid GST for their entire period of operation, as well as corporate income taxes and payroll remittance. Since legalization on October 17, they have paid a little over $1 million in PST. The government would not accept PST from cannabis sales prior to legalization.

While Trees is likely to be approved by the provincial government, not all legacy cannabis stores are so hopeful.

Richard Scott is the owner of The Globe in Nanaimo, a heritage hotel steps away from the Nanaimo courthouse that has at times been a hotel, public house, strip club, and cannabis compassion club.

The Globe has been a 91裸聊视频渃annabis friendly91裸聊视频 establishment since 2015 when it opened as an illicit dispensary and compassion club. It was raided by the RCMP in December 2015, although no charges were brought and the Globe reopened one day after the raid occurred.

Scott says he isn91裸聊视频檛 holding his breath when it comes to the Globe91裸聊视频檚 pending dispensary license. The operation has been approved by Nanaimo91裸聊视频檚 municipal government, but Scott suspects the province will ultimately deny his application.

In the meantime, he has ceased selling cannabis and operates the Globe as a cannabis-friendly hotel with an auxiliary restaurant and lounge. Municipal bylaws do not allow for smoking inside restaurants, a bylaw that many have said will prevent B.C. from opening cannabis cafes and compassion lounges. Scott says the key to avoiding trouble with the bylaw is by being neighbourly.

91裸聊视频淚t91裸聊视频檚 been quite smooth. We tend to be neighbourly. We91裸聊视频檙e right next door to the courthouse, so if we were going to get any complaints it91裸聊视频檇 be from them.91裸聊视频

91裸聊视频淚 try to keep the smell down until after five, and I tell everybody that comes in that we don91裸聊视频檛 smoke flower until after five. If the cannabis smoke was to go wafting through the courthouse, the judge would shut us down in a day,91裸聊视频 he said.

Scott believes that there needs to be more compassion clubs like the Globe to give cannabis users a safe space where they can consume cannabis. It is common for landlords and property managers to restrict cannabis use. Some municipalities have banned the consumption of cannabis in public spaces, while others have ruled that cannabis can be smoked anywhere cigarettes can be smoked. Nanaimo is one of the municipalities that allows cannabis to be smoked in public.

91裸聊视频淒o we really want to have more people smoking on the streets? Do we want people sitting in the park with their bongs smoking dabs out in plain view for the kids to see? If we want to hide it from the kids, which is the idea of legalization, then where do people go? Well there has to be pubs, public houses for safe consumption,91裸聊视频 Scott said.

As unlicensed dispensaries wait for approval from municipal and provincial governments, Community Safety Unit (CSU) officers have begun visiting unlicensed retailers to raise awareness about cannabis laws, and the consequences for violating them. The Ministry of Public Safety expects many unlicensed locations will close voluntarily as more licensed retailers appear in the province.

CSU officers did visit Larsen91裸聊视频檚 Vancouver dispensary before it was closed.

91裸聊视频淚 think most people like dispensaries and if they were just to come and raid everybody, especially in Vancouver, there91裸聊视频檇 be a lot of pushback. I think that91裸聊视频檚 why they91裸聊视频檝e created this system where they have allowed more places to operate with development permits, even though they91裸聊视频檙e selling 91裸聊视频榠llicit91裸聊视频 cannabis,91裸聊视频 Larsen said.

For Larsen, the current state of legalized cannabis is just another step toward improved access for all Canadians.

91裸聊视频淚 hope that we get a government that will acknowledge that cannabis was good and prohibition was wrong,91裸聊视频 he said. 91裸聊视频淓ven though we91裸聊视频檙e seeing a lot of dispensaries shutting down, and things evolving, if you look back a couple years ago there were 100 dispensaries in Vancouver. If you look back a few years earlier than that, there were three. Now there91裸聊视频檚 25 in the process, and six that are government regulated.

91裸聊视频淓ven though there91裸聊视频檚 a lot of flaws there, to me that still looks like we91裸聊视频檙e winning.91裸聊视频





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