A medical marijuana shop's luck with the city has run out.
Council voted unanimously Wednesday night to revoke the business licence for WeeMedical Wellness Cente after finding it had violated a court order to refrain from selling products containing THC, the psychoactive agent that makes people high when they consume cannabis.
The decision came at the end of an hour-long special meeting that the business's owner May Joan Liu had requested but later notified the city by letter that she would not attend. Instead, council heard the case for shutting down the operation as presented by lawyer Troy DeSouza.
The matter dates back to February 2017 when WeeMedical started operating out of its Third Avenue location but without a business licence and was one of two so-called pot shops that were quickly shut down by the RCMP.
Wee Medical obtained a business licence and reopened, but in August 2017, RCMP seized a "considerable amount" of marijuana and cannabis-infused food.
The city could have responded by seeking a court-ordered injunction to shut the business down but DeSouza said that would have cost $25,000 in fees to secure.
Instead, DeSouza said the city negotiated an agreement with Wee Medical and subsequently endorsed by the court allowing it to continue operating as long as it refrained from selling products containing THC.
Nothing in the order prohibited WeeMedical from selling such smoking-related products as bongs, pipes and rolling papers. It was also permitted to sell cannabidiol or marijuana-based products that hold medicinal value but lack the compound that produces the high.
The order came into effect in September 2017 and on March 13, RCMP's downtown safety unit found the time to conduct a compliance check on the business. Prince George RCMP Cst. Adrian Jaggssar told council he was "hit with a very strong odour of marijuana" when he and fellow officers walked into the store.
After explaining why they were there to the employee minding the store, they walked behind the counter and found a shelf marijuana portioned out in baskets, Jaggssar said.
A series of photos showing what officer had found were presented to council. Items included various types of THC-infused edibles and marijuana in liquid form - even massage cream and bath oil containing THC. Subsequent testing showed 140 mg of THC in a Rice Krispy square, Jaggssar noted.
The items were seized and three days later, a city bylaw enforcement officer presented WeeMedical with a letter saying its business licence will be canceled. However, WeeMedical exercised its option to appeal the matter to council and has continued to operate pending the outcome.
"Once that hearing has been asked for, that suspension or cancellation is held in abeyance until such time as the hearing...they were still operating, I noted this morning," city bylaw enforcement manager Fred Crittendon told council.
It was an open and shut case as far as council was concerned.
Coun. Murry Krause said it was very clear that city administration had no choice but to cancel the licence, "and I certainly support affirming the cancellation." However, given that legalization of marijuana is getting close, Krause said it could simply have been a case of someone jumping the gun.
Coun. Garth Frizzell said it would be "unfair and unnerving" to give WeeMedical a break while still requiring other businesses to live up to city regulations.
Also voting in favour of revoking the licence were mayor Lyn Hall and councillors Brian Skakun, Jillian Merrick and Albert Koehler. Councillors Susan Scott, Terri McConachie and Frank Everitt were absent.
If WeeMedical decides to ignore council's verdict and continue operating, DeSouza said its owners would risk fines and even jail.
"My suggestion would be shut down, wait for legalization to happen, and come back to council with a mea culpa and another application," DeSouza said.
