The Victoria Cannabis Buyers Club, an unlicensed medical cannabis dispensary that has been operating in Victoria since the 1990s, has been issued a $3.2 million fine from the province.

The fine was issued in July following a hearing and appeal. The total fine is $3,235,465.74, which is based on an amount equal to twice the retail value of the cannabis that was sold or possessed by the business for the purpose of sales.

The provincial government’s Deputy Director calculated that the retail value of the cannabis that VCBC sold and possessed for the purpose of sale was $1,617,732.87, following raids in 2019 and 2020. VCBC has until September 6, 2024, to pay the fine and can apply to appeal the ruling until that date. 

BC’s Community Safety Unit (CSU) can undertake a range of enforcement activities against unlicensed cannabis retailers, including inspections, issuing tickets, obtaining warrants, conducting seizures, and more. The CSU can also recommend the prosecution of offences under the Cannabis Control and Licensing Act.

The province had previously proposed to fine the VCBC and Smith a combined $6.5 million for selling cannabis without a licence, including $3,235,465.74 to Smith personally. 

However, in the most recent compliance order issued by the CSU, Meghan Oberg, Deputy Director of the CSU, says that she did find that Ted Smith was not personally selling cannabis contrary to provincial regulations. She notes, however, that she has not yet made a determination as to whether Smith or any of VCBC’s officers, directors, or agents, may be liable for the monetary penalty imposed on VCBC. This would be determined in a separate hearing. 

The CSU is expected to hold another written hearing to determine if the directors of the VCBC will be held personally accountable for $3.2 million, as has been the case with other unlicensed store operators. 

A press release from the VCBC says that lawyers Kirk Tousaw and Jack Lloyd will be challenging the compliance order issued by the province.

VCBC Founder Ted Smith stated in a recent online post that stores like his have never been allowed to have storefront access under Canada’s cannabis laws. 

“Patients continue to rely on the VCBC because limits on THC in edible products, restrictions on smoking lounges, high prices and the lack of information regarding the potential medical uses of cannabis products in recreational stores, are unacceptable. For these reasons, the 28 year old VCBC has defied the CSU and reopened after every raid, including a third raid in March 2023 for which a fine has not been issued yet.  Soon after that raid, Tousaw and Lloyd filed lawsuits and injunctions against both the provincial and federal governments, though no date for that hearing has been set.”

In January, the government issued a $156,125.50 fine against Kit Warren, the operator of another Victoria Cannabis store who faced enforcement actions from the BCU in 2019 and 2020. Two people connected to another unlicensed cannabis store who faced more than $1 million in fines rejected an appeal at a recent hearing in January. 

As of June 3, 2024, the BC CSU has conducted 342 education visits to unlicensed cannabis stores, taken 111 enforcement actions, conducted 1,635 investigations of online cases, closed 233 unlicensed cannabis stores, and seized $38.2 million in cannabis. The BCU reports that $1.49 million in penalties have been paid so far.

The Victoria Cannabis Buyers Club is one of the oldest and longest continually operating cannabis dispensaries/compassion clubs in all of Canada. It was started in 1996 by owner Ted Smith. While many medical cannabis dispensaries prior to legalization said they sought to fight for medical cannabis access, the VCBC is one of the few who have stuck to their guns on the issue of fighting for access. The club was also at the core of a court case many years ago that made non-flower products like “edibles” and ingestible oils legal for medical use.

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