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Kimberley city council makes history
By Brenda Ann Babinski
In an unprecedented move, City of Kimberley council last night voted to override its own bylaw, allowing a business licence to be issued to Tamarack Dispensary; a medical marijuana dispensing facility.
The business licence application had earlier been denied because Tamarack Dispensary did not meet the requirements as set out in Kimberley City Bylaw No. 1325, which notes a business licence will not be issued if the applicant does not meet the lawful requirements to carry on the business in question.
In order for Tamarack Dispensary to meet the lawful requirement they would need a permit issued by Health Canada to run a medical marijuana dispensary. The medical use of cannabis is prohibited, unless it is done through Health Canada. Health Canada’s program does not allow for the existence of dispensaries.
Kimberley city council’s bold move to not wait for Health Canada approval is the first such decision made by a local government in Canada.
Mayor Don McCormick prefaced the motion to council with four points of reason to allow the business licence to be issued.
He stated that these applicants were legitimate entrepreneurs wanting to invest within the community. He noted that those with chronic pain and illness needed access to viable treatment methods and help from trained professionals when dealing with the conditions.
McCormick went on to state that the ‘legal’ alternatives for those suffering from diseases such as MS, cancer, chronic pain and other debilitating conditions were often addictive narcotics with terrible health consequences and side effects. Finally the mayor suggested it might be time to take a progressive stance.
After much discussion, council voted unanimously to override Bylaw No. 1325 and allow the issuance of a business licence to Tamarack Dispensary.
“This is certainly going to poke the bear a little bit,” stated Mayor McCormick. “This is how change is made.”
This groundbreaking decision comes on the heels of the recent decision by the Supreme Court of Canada regarding the case of R v Smith. The Supreme Court decision states that the ‘effects of prohibition contradict the objective of public health and safety’, and that ‘by forcing a person to choose between a legal but inadequate treatment and an illegal but more effective one, the law also infringes security of the person.’ The ruling also states that personal liberty is limited ‘by foreclosing reasonable medical choices through the threat of criminal prosecution.’
When asked for comment McCormick stated, “I am actually very proud of council for taking a very progressive position on what has been a hot potato kind of item. I believe it is moving in the direction we are taking and we might as well get there sooner than later.”
