Cannabis lawyer Kirk Tousaw sees some positive news in B.C.'s new weed policies

gb123

Well-Known Member
Lawyer Kirk Tousaw will be a panelist at the Georgia Straight's upcoming event, Grassroots: An Expo for the Cannabis Curious on April 7 and 8, 2018. Get your tickets now.)

B.C. rules for recreational cannabis forbid sales alongside liquor and suggest Vancouver dispensaries can remain open
For many years, B.C. lawyer Kirk Tousaw has been on the leading edge of cannabis legalization.

He was part of the legal team that won a landmark Supreme Court of Canada decision on edibles, as well as an important Federal Court ruling on growing medical cannabis.


So when Tousaw speaks on these issues, people listen to what he says.

Today, he issued a tweetstorm in response to the B.C. government's newly unveiled rules around the selling of cannabis.

"I think it is very positive that existing dispensary operators will not be automatically prevented from being licensed," Tousaw wrote. "It will be case by case."

He advised dispensary owners to "get your operations in shape if you've been slacking".

"Pay any back taxes, get your records into shape, etc.," he emphasized.

Tousaw also pointed out that liquor licensees won't automatically receive a cannabis licence.

Licensed producers will face restrictions on owning retail stores, but those with an interest in LPs can apply. However, they won't be allowed to sell the LP's product because no "tied selling" will be permitted.

There also won't be any requirements for specified distances between stores.

It was unclear to Tousaw whether craft producers can sell directly to consumers at the farm.

"Seems clear that you won't be able to have samples or on-site use like at vineyards and craft breweries," he stated. "This is a shame—no good reason to treat cannabis more restrictively than alcohol in the respect."




KirkTousaw

✔@KirkTousaw

· 5 Feb

I'm going to take a quick read through the BC retail cannabis licensing guide and post my first impressions. https://news.gov.bc.ca/files/Cannabis_Private_Retail_Licensing_Guide.pdf …



KirkTousaw

✔@KirkTousaw


Decisions on background checks/criminal records to be made on a case by case basis. Page 2.

4:37 PM - Feb 5, 2018
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KirkTousaw

✔@KirkTousaw

· 5 Feb

Replying to @KirkTousaw
Online application portal opens Spring 2018. People are encourage to apply early. There will be a fee. Having operated an illegal dispensary will NOT automatically prohibit you from licensing (very very good news). P3.



KirkTousaw

✔@KirkTousaw


Liquor licensees do not get automatic cannabis licence. People with interests in federal LPs can also apply. However, there will be restrictions on LPs owning retail stores - they can have interests but then can't sell the LPs product. No tied houses. I did not expect that. P4

4:41 PM - Feb 5, 2018
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KirkTousaw

✔@KirkTousaw

· 5 Feb

Replying to @KirkTousaw
Local governments will have to require public input for licensees. Province is working with UBCM to develop application process. P5.



KirkTousaw

✔@KirkTousaw
 

gb123

Well-Known Member
Two types of licenses; self-contained stores and rural stores (which will look like liquor rules for rural areas). No provincial cap on licenses but local government may restrict. No separate retail system for medical; that remains LP only. P5.

4:45 PM - Feb 5, 2018

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KirkTousaw

✔@KirkTousaw


· 5 Feb


Replying to @KirkTousaw
Province will not license consumption lounges right away. (That's a shame but also unclear if lounges are unlawful; maybe local gov't can license though not for sales). Cannabis sales will not be allowed at festivals etc. in the near term. P6.





KirkTousaw

✔@KirkTousaw



Unlike booze, minors not allowed at all in cannabis stores (this seems silly). Local government controls hours of operation. Only the public retailer (eg, BC gov't) will be allowed to sell online). No in-store consumption allowed. P7

4:50 PM - Feb 5, 2018

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KirkTousaw

✔@KirkTousaw


· 5 Feb


Replying to @KirkTousaw
Must buy from LDB. Can't buy direct from LPs. Can't take money from LPs for shelf space, to keep competition out, etc. No unlawful products allowed (eg, edibles). P8





KirkTousaw

✔@KirkTousaw



Retailers allowed to sell cannabis accessories (eg, pipes) but can't sell tobacco, booze, snacks or other products (except perhaps in rural stores which will have some different rules). No bulk sales. Only pre-packaged product allowed. No re-packaging with retail store brand. P9

4:53 PM - Feb 5, 2018

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KirkTousaw

✔@KirkTousaw


· 5 Feb


Replying to @KirkTousaw
LCLB inspects at least annually. Police can enter to determine compliance. Violations will result in contravention notices and TBD enforcement action. Once you have a license you can only sell product from approved sources (seems to be a nod to existing retailers). P9.





KirkTousaw

✔@KirkTousaw



Rural stores to be regulated slightly differently and like current rural liquor stores but specific rules are not yet determined. P10. That's the end of the document. Some commentary to follow.

4:55 PM - Feb 5, 2018

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KirkTousaw

✔@KirkTousaw


· 5 Feb


Replying to @KirkTousaw
Unclear to me if craft producer can sell direct to consumer at the farm. Seems clear that you won't be able to have samples or on-site use like at vineyards and craft breweries. This is a shame - no good reason to treat cannabis more restrictively than alcohol in the respect.





KirkTousaw

✔@KirkTousaw



Also unclear to me whether local government can authorize a consumption lounge that does NOT sell cannabis on-site. It seems to be permissible because the provincial government would not need to license such a location. Local smoking/vaping rules may be an obstacle.

4:58 PM - Feb 5, 2018







KirkTousaw

✔@KirkTousaw


· 5 Feb


Replying to @KirkTousaw
May be problematic allowing local governments to basically have veto power; it is an election year and lots of BC is fairly conservative. I think this will be a brake on the development of retailers in many areas.





KirkTousaw

✔@KirkTousaw



I think it is very positive that existing dispensary operators will not be automatically prevented from being licensed. It will be case by case, however, so time to get your operations in shape if you've been slacking. Pay any back taxes, get your records into shape, etc.

5:00 PM - Feb 5, 2018
 
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