The B.C. Supreme Court has sided with the City of Victoria in a decision to deny a rezoning to a downtown cannabis shop.
Mayor Lisa Helps called the decision “a major victory” for the city and its taxpayers, now facing court hurdles every time the municipality attempts to enforce its bylaw on cannabis dispensaries.
“This is the first injunction we have been granted to close down a dispensary after it was turned down by council,” said Helps. “It’s a big win.”
Chief Justice Christopher Hinkson dismissed an attempt by Green Dragon Medicinal Society to quash city councillors’ rejection of a rezoning that would allow Green Dragon to continue operating at 541 Herald St.
The city said bylaw officers went to Green Dragon’s store on Monday and confirmed it had closed.
In 2016, Victoria became the first municipality in the region to regulate cannabis outlets. Its rules require a pot shop to first obtain rezoning, then apply for a business licence. Zoning regulations don’t allow pot shops within 200 metres of a school.
Green Dragon was denied rezoning because it’s 155 metres from the Chinese Public School at 636 Fisgard St. The school offers classes in Chinese languages, literature, folk dance, calligraphy and music to adults and children as young as kindergarten age.
A request by Green Dragon to take the issue to public hearing was turned down. Without the rezoning, the business licence would not be granted.
Green Dragon could not be reached for comment Monday.
In the lawsuit, the city asked Hinkson to grant an injunction that would allow it to close down Green Dragon. The Supreme Court judge agreed and allowed the two parties to work out the terms.
Helps said the granting of the injunction is the biggest part of the victory for the city as it tries to regulate an emerging cannabis industry. Until now, the city has been forced to move against pot-shop scofflaws on a case-by-case basis.
Now, with a precedent behind it, the city might be able to move more quickly, said Helps.
“This may be a signal that judges and the Supreme Court will look favourably when we expect dispensaries to follow the rules,” she said.
The city has at least 32 operating cannabis shops. Of those, 23 have either been approved for a business licence or are working through the process to obtain one.
But a number have continued to operate after they were turned down, or haven’t bothered to apply.
The city has issued at least 212 tickets, worth a total of at least $154,675, for violations of its bylaw.
