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British Columbia

Vancouver police board dismisses pot shop enforcement complaint

The Vancouver Police Board has voted to dismiss a complaint alleging the police department failed to enforce the law against illegal marijuana dispensaries.

Deputy police chief says VPD must prioritize more serious drug offences

Medical marijuana clone plants are shown at a medical marijuana dispensary in Oakland, Calif., Feb.1, 2013. The Vancouver police board has dismissed a complaint that the department isn't enforcing the law against illegal marijuana dispensaries. (Jeff Chiu/AP/Canadian Press)

The Vancouver Police Board has voted to dismiss a complaint alleging the police department failed to enforce the law against illegal marijuana dispensaries.

Pamela McColl of the group Smart Approaches to Marijuana Canadaaccused the department of not doing its duty "to maintain law andorder" by not shutting down all pot shops.

In calling for the complaint to be dismissed, deputy chief DougLePard said in a report to the board that the VPD must prioritize more serious drug offences and dispensaries that pose a publicsafety risk.

He said enforcement is complicated by legal, social and politicalfactors that include the city's choice to create a regulatoryframework rather than using its bylaws to shut down dispensaries.

"Using the criminal law to close marijuana dispensaries isgenerally ineffective, raises concerns about proportionality, and isa significant drain on valuable police resources that is difficultto justify in the absence of overt public safety concerns," LePardsaid.

"Bylaw enforcement, however, is an effective tool to shut down abusiness that isn't compliant with municipal bylaws, as has beendemonstrated in those Metro Vancouver municipalities withoutmarijuana dispensaries."

The City of Vancouver recently became the first in Canada toregulate its more than 80 marijuana dispensaries, requiring ownersto undergo criminal record checks and pay a $30,000 licence fee.

LePard said the force will take action against dispensaries ifpublic safety is an issue, and has executed 11 search warrants andrecommended multiple charges since 2013.

However, he noted these actions have been generally unsuccessfulat closing the dispensaries. Some stores re-opened shortly afterraids, and search warrants were executed three times at onelocation.

Selling marijuana over the counter is illegal in Canada and lastweek Health Canada sent cease-and-desist letters to 13 pot storeswarning of RCMP raids if they don't close.