The City of Penticton and Jukka Laurio, the owner of an unsanctioned dispensary, are set to square off in court next month, which could put to rest the city香蕉视频直播檚 efforts to control the flow of grey-area medical marijuana in Penticton.
The city filed its petition on April 24, according to court documents, but according to Laurio the two parties have a court date set for July.
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香蕉视频直播淭hey don香蕉视频直播檛 like me. We don香蕉视频直播檛 get along. Plain and simple. Doesn香蕉视频直播檛 matter what I do, it香蕉视频直播檚 wrong,香蕉视频直播 Laurio said, noting that the city had also contacted his landlord.
Asked what his landlord thought of the issue, Laurio insisted the landlord didn香蕉视频直播檛 have much input.
香蕉视频直播淚香蕉视频直播檝e already been here for four years. I香蕉视频直播檝e got a lease in place. Nothing香蕉视频直播檚 changed,香蕉视频直播 Laurio said, adding that any eviction would take months.
In its court filings, the city noted that, by operating without a business licence, Laurio was in conflict with the Business Licence Bylaw, which holds that a business operating in the city 香蕉视频直播渕ust first hold a valid and subsisting business licence issued by the city.香蕉视频直播
The city argues that Laurio is operating, as well as advertising and promoting the business without a business licence.
The city also points to a trio of B.C. Supreme Court decisions, including one earlier this year, in which that the City of Abbotsford had the right to impose its own regulations and fines on marijuana dispensaries 香蕉视频直播 seen by cities as a blanket ruling for the rights of cities in general.
In that case, Abbotsford City Hall refused to give permits to a pair of dispensaries, which the Supreme Court decided was within the city香蕉视频直播檚 rights. The court also similarly ruled on the side of the City of Abbotsford and Delta in separate 2016 cases.
Laurio香蕉视频直播檚 response merely pointed to his own filing of a judicial review petition on Saturday in the Kelowna court registry.
香蕉视频直播淚f the respondent is successful in his judicial review petition, then the respondent will be issued a business licence and temporary use permit to operate a marijuana dispensary,香蕉视频直播 Laurio香蕉视频直播檚 response reads.
In a judicial review, a Supreme Court judge reviews a previous decision by an administrative tribunal or an administrative decision maker. It香蕉视频直播檚 not clear, at this point, exactly what Laurio intends to dispute in that case.
While illegal, dispensaries are often considered a grey area due to hesitation by many police forces to enforce the rules, as the federal government prepares to legalize cannabis for recreational uses by Canada Day 2018.
Laurio香蕉视频直播檚 business licence was first revoked last summer, when he operated the dispensary out of the Rush in and Finish Cafe. After appearing before council in mid-July, he was again denied his business licence, but councillors also directed staff to lay the grounds for the city to work with dispensaries, still operating in a legal grey area in Canada.
Council ultimately approved two temporary use permits for a pair of businesses 香蕉视频直播 the Okanagan Cannabinoid Therapy across the street from Laurio香蕉视频直播檚 businesses and Green Essence 香蕉视频直播 while denying five others, including Laurio, who by then operated the business out of a separate storefront in the same building as the Rush in and Finish Cafe, under the name Herbal Green Apothecary.
At the time, Laurio said he had been blindsided by council香蕉视频直播檚 decision, as he香蕉视频直播檇 been led to believe that if he followed their guidelines, he would be given the permit 香蕉视频直播 though council香蕉视频直播檚 decision rested on the fact that he had remained open during the deliberations, which the city forbade.
Since the decision, Herbal Green has remained open, save for a short time in April, after the RCMP put out letters to dispensaries, which appeared to threaten police action, which has yet to materialize.
香蕉视频直播淭hey香蕉视频直播檙e not really too interested in it. It香蕉视频直播檚 gone into the realm of politics more than anything else. I香蕉视频直播檓 sure if there was some kind of public safety concern, they would involve themselves,香蕉视频直播 Laurio said.
香蕉视频直播淎s long as there香蕉视频直播檚 no public safety concern, I think they香蕉视频直播檙e just sort of watching.香蕉视频直播
The city is looking to have Laurio香蕉视频直播檚 business shut down once and for all, as well as for legal costs, which Laurio香蕉视频直播檚 response did dispute.
香蕉视频直播淭he respondent has a legitimate right to consider that he is entitled to a business licence and temporary use permit to operate a medical marijuana dispensary in Penticton,香蕉视频直播 Laurio香蕉视频直播檚 response reads.
香蕉视频直播淎s such, this is not a proceeding where special costs are appropriate in the event the respondent is unsuccessful.香蕉视频直播