Despite one fine being dropped, the Victoria Cannabis Buyers Club (VCBC) was ordered to pay a $3.2 million fine by Sept. 6 stemming from raids conducted by the Ministry of Public Safety and Solicitor General's Public Safety Unit in November 2019 and July 2020.
The compliance order, signed by Meghan Oberg, deputy director of the Public Safety Unit, notes that the VCBC has been selling cannabis without proper licensing and permits, contrary to the provincial Cannabis Control and Licensing Act (CCLA), and the federal Cannabis Act.
VCBC, which provides “cannabis products to medically approved patients who are unable to access medical cannabis through any other channel,” argues that there are too many limits on both recreational and medicinal cannabis products, there are too high of prices and a lack of information regarding medicinal uses of cannabis from government regulated stores.
"While legalization has been beneficial for the general public, those who fought for their right to use this medicine have been left with an inadequate medical cannabis program that has never allowed storefront access," noted a news release from the club.
According to the compliance order, the total retail value of the cannabis that the club "sold and possessed for the purpose of sale" was just over $1.6 million.
"My authority is limited to enforcing and regulating non-medical cannabis under the CCLA. I have no authority in this forum to evaluate the adequacy of the medical cannabis regime and even if there was authority, there is insufficient evidence before me to determine whether VCBC was actually filling some gap by selling cannabis through the store," noted the compliance order.
The compliance order showed "unsigned affidavits" from three witnesses that are members of the VCBC, one of which saying they are a registered nurse with authorization to possess cannabis from Health Canada, but they can not shop online due to dyslexia. They also mentioned the VCBC smoking lounge is an important service that does not exist anywhere else in Victoria.
The deputy director noted in the order that the cannabis being sold by the VCBC does not match the definition of medical cannabis under the Cannabis Act based on the evidence the Public Safety Unit had received.
She also noted that under the CCLA, a person must not sell cannabis unless they are a federally recognized producer, if they have a license that they are authorized to sell cannabis, or if the seller or prescriber is the government. The public safety unit does not believe the VCBC fits any of that criteria.
"Storefront access to medical cannabis should be a cornerstone feature of Health Canada’s programs. Instead, homeless, poor and elderly patients are being systematically excluded and forced to pay high prices for low dosage products at recreational stores that cannot give medical advice or provide a safe place to consume their medicine," noted the VCBC release.
Lawyers Kirk Tousaw and Jack Lloyd will be challenging the compliance order, and the VCBC says the CSU will have another written hearing to determine if the directors of the society will be held personally accountable. They plan to file and application for reconsideration on the fine due date in September.
