Ted Smith

President and Founder

Victoria Cannabis Buyers Club

February 25th, 2020

 

Mary Shaw

Lead Executive 

BC Cannabis Legalization and Regulation Secretariat 

 

To Mary Shaw,

I am writing to request your support in granting the Victoria Cannabis Buyers Club (VCBC) a temporary exemption to the BC Cannabis Control and Licensing Act, as outlined in Section #130. 

My name is Ted Smith and I am writing as the President and founder of the VCBC.  We are a 24 year old cannabis compassion club that provides low cost, high quality medicine to sick and impoverished medical patients in Victoria, BC and across Canada. On November 14th, 2019 our club was raided by the Community Safety Unit (CSU) for our non-compliance with the current regulations. 

After this devastating act, we petitioned the city and other local politicians for their support.  On January 21st, 2020 the Victoria Mayor and city council voted unanimously and without debate to write to the province to express the municipality’s support in requesting an exemption from the Cannabis Control and Licensing Act for our compassion club. I am writing to describe the political situation our organization faces, to outline the support we have gained, and to request a temporary exemption for the VCBC. 

Since these cannabis regulations are very new legislation, we understand we may be the first in requesting an exemption.  We can appreciate that the process to apply for and receive exemptions might not be entirely fleshed out yet. 

First, a bit more about the VCBC. We operate as a medical user only facility and have been from the beginning. To purchase with our club, patients must provide proof of a chronic medical condition to access our products and to consume their medicine in our safe and dignified private smoking lounge.

When the club was founded 24 years ago, little was known about the medical uses of cannabis.  However, it was clear that people suffering from AIDS, Hepatitis C, cancer, chronic pain and other serious medical conditions were able to find relief from their symptoms by smoking, eating and topically applying cannabis products. The past 24 years at the VCBC have been defined by our persistent and humble resistance to unsensible cannabis regulations. In that time our facilities have survived being raided 6 times, and succeeded in seeing all 15 charges laid against staff overturned in court using various constitutional arguments. 

 

As it stands, if we were to fully comply with the regulations as they are written we would put the lives of marginalized, poor, and chronically sick people at risk. Our club provides cannabis medicine at a fraction of the price as compared to the legal medical market. We also supply a range of products including suppositories, high dose edibles, and topicals that are not permitted in the legal medical market. 

Our most famous contribution to medical cannabis law in Canada was the unanimous 2015 Smith decision where the Supreme Court of Canada declared cannabis extracts and edibles legal for patients. That decision had multiple effects, forcing the legal medical institutions to recognize the significant benefits of eating cannabis for the seriously ill. Before this decision, Health Canada considered smoking cannabis to be the only legal and constitutional way for patients to consume medical cannabis. Shortly after the Smith decision, the federal Liberals added legalization to their election platform.

We hope to work with your office in designing a plan towards full compliance with the law. We do not want to operate illegally, but we want to develop a plan to become legal that will keep the needs of patients at the center of the discussion. 

Our organization faces multiple barriers to transitioning into the legal system such as the costs of licensing and rezoning, the inability to provide the range and dose of products our members rely on, as well as having to close our smoking lounge. Additionally, if we were to comply with the laws as they are now, we would risk compromising the health of our patients and would risk the financial ruin of our non-profit society.  Of course we want to comply with the law and become legal, but we will only make that change as it unfolds with the best interests of our patients in mind, many of whom are poor or living on fixed disability incomes. 

 

As I discussed above, we provide many products that are simply unavailable in the legal medical market right now and thousands of our patients rely on everyday. Because we are a small scale non-profit compassion club, we have been making our own infused cannabis edibles in house for the past two decades. Our bakery is the heart of our business, and over the years we have developed healthy, consistent, and high potency cannabis products that thousands of patients use to subside their pain and allow them to function as contributing members of society.

 As it stands in the legal market, we would not be allowed to vertically integrate our bakery and our retail store. Vertical integration of production and distribution is an integral component of our business and is our only method of guaranteeing the quality, price, and consistency of products for our patients.

The VCBC has had a turbulent relationship with cannabis laws over the years. However, our goodwill with the community is immeasurable and is the result of decades of consistent non-violent action, being good neighbours, focusing on patient care, putting patients before profits, and paying all applicable business taxes to our municipality, province and other governmental agencies. 

We have been an asset to the city of Victoria, and the country as a whole, and we are renowned for our compassion to the needs of medical patients. We have a great relationship with the Victoria Police Department and our City Council. In all of our interactions with governmental authorities we are polite, friendly, and kind. Over time we have earned a deep embrace by this city for helping the sick and marginalized while never wavering in our determination to do what’s right. 

Perhaps the most compelling argument to allow us to continue operating lies in the horrifying realities of the opioid crisis in our province. Cannabis, especially when eaten, can be an excellent pain reliever, controls nausea and stimulates appetite, and provides general symptom management for opioid withdrawal. Cannabis is an ideal medicine for patients looking to cut down or quit using opiate drugs.  If this government is serious in any way about helping poor citizens struggling with opiates, then enforcing these new regulations would be a contradiction to its own mandates to address addiction, poverty and improving health care services.

We are asking for an opportunity to present our case before your office in person, as the BC Cannabis Legalization and Regulation Secretariat, so we can discuss how a temporary exemption to the Cannabis Control and Licensing Act might take place. Anything less than an in person meeting would not be fair, as this is a complex situation that deserves careful thought and human interaction.  The mayor and city council supported this exemption with just cause and it is incumbent that the provincial government puts in an honest effort to consider how this temporary exemption might unfold.

In the letter written by the Victoria city council in January, the Mayor requests that the province hold off any further enforcement action until the an exemption for the VCBC has been fully considered. As you can see, attempts to further inflict penalties against us, before all legal avenues have been exhausted, would be cruel and unnecessary. It is our intent to appeal any further punitive actions taken by the province through the court system. 

Municipalities should have substantial influence in shaping the way legalization looks in their communities.  Cities that do not want cannabis stores have been allowed to ban the retail sale of cannabis products in their region. Communities that wish to protect long-standing compassion clubs should be granted the same respect and authority.  Since cities witness the negative consequences of policies created by distant higher levels of government, extra measures should be taken to ensure the voices of municipalities have a place at the regulating table, especial when considering vulnerable populations.

Included in this email is a link to a letter I recently wrote to Vancouver federal Liberal MP, Hedy Fry. The document explains more about why we feel this exemption is critical for our members.  The VCBC has been fighting for equitable cannabis regulation for years and we hold significant support for our club amongst politicians and the public. As long as your Ministry shows some patience and cooperation, there is every reason to know that we will transition the VCBC into the legal system smoothly, over time, and in ways that will benefit our members and the health of British Columbians more broadly. Meeting in person and a serious consideration of a temporary exemption for our longstanding club would demonstrate a sincere concern for the voices of cannabis patients.

We are preparing a report that will contain more detailed information on the background of our non-profit society and the current status of the VCBC. We will also provide a proposed guideline for the exemption so as to get started on the work of drafting the details of how a temporary exemption would take place. It is our intention to have this report available to you within the next month.

If you have any questions or would like to discuss this proposal further, please do not hesitate to contact me at 250-381-4220 or hellovcbc@gmail.com.

Thank you for your time and consideration. 

Ted Smith

Founder, Victoria Cannabis Buyers Club

c/c

John Horgan, BC Premier

Mike Farnworth, BC Minister of Public Safety

Caole James. BC Deputy Premier, BC Minister of Finance, Victoria MLA

Hedy Fry, Vancouver Liberal MP

Lisa Helps, Victoria Mayor

 

Hedy Fry Letter:  

https://docs.google.com/document/d/1TWaff8yVnVcii5NsF6NBce85BHZWhS7OTs1UtcKTkso/edit?usp=sharing