Halifax denies medical marijuana dispensary business permit

Halifax is denying a business occupancy permit to a newly opened medical marijuana dispensary in Cole Harbour because "the product you are proposing to sell has not been legalized."

That has triggered an appeal by TastyBuddsto the Nova Scotia Utility and Review Board.

• Ban on medical marijuana patients growing own pot struck down by Federal Court

• Christopher Enns of Farm Assist medical marijuana lounge in court on drug charges

• Liberals have no schedule for legalizing marijuana, Bill Blair says

"Our city is just ill-prepared," TastyBuddsowner MalMcMeekintoldCBC News. "This is a growing business that is happening all around the country.I don't feel we should have to stop because the city isn't prepared.

"We are helping people gain reasonable access to their medication. We have a moral and legal right to do that."

A pointless battle

McMeekinsaidthe business only sells to people licensed to receive marijuana as medication.He claimsthe city is involved in a pointless battle, given a key Federal Court ruling last week thatgave Parliament sixmonths to redraft its medical marijuana regime because a portion of the current system was unconstitutional.

"The system they have in place is a violation of our rights," saidMcMeekin.

Halifax sees the TastyBuddscase differently. It saidthe storefront operation still flouts the law.

"In this case the sale of medical marijuana is currently prohibited under federal regulation," said Tiffany Chase, a spokesperson for the municipality."That is the basis under which we decided whether we can extend business occupancy permit for this operation."

TastyBuddsnot alone

TastyBuddsis not the only metro Halifax dispensary to run afoul of authorities.Chris Enns is facing production, possession and trafficking charges related to busts of his Farm Assist medical marijuana dispensaries.

On Monday,Enns was granted a three-week delay in his case so Halifax provincial court Judge Bill Digby could evaluate his claim the Federal Court rulingmeans his charges should be dropped.

"Their case is crumbling," saidEnns, who is self represented."Until Parliament creates a constitutional medical regime, the current Controlled Drugs and Substances Act laws prohibitingpossession, prohibiting trafficking, prohibiting cultivation are not in force.

"We're asking the courts to accept that decision as effective now so those facing criminal charges can have them resolved."

'The law is changing'

In granting the adjournment, Digby did not accept that argument, but he told federal Crown prosecutor Jonathan Langlois-Sadubin the Federal Courtdecision was making "the situation interesting."

"The law is changing much as quicksand does," Digby told the Crown.

Langlois-Sadubin saidthe Crown will proceed against Enns since it's only the exemptions to drug laws contained in the medical marijuana regime that have been struck down.

"At this point the Crown still believes there is a reasonable prospect of conviction on the charge," Langlois-Sadubin said.

Enns will be back in a Dartmouth court onMarch 3to face similar charges related to a bust of another dispensary. At that time he will seek another adjournment to argue that theFederal Courtdecision should allow him off the charges.