Storefront Marihuana Dispensaries: Failed Constitutional Challenge

In the case of Abbotsford (City) v. Mary Jane’s Glass & Gifts Ltd., the Supreme Court of British Columbia granted two declarations sought by the City of Abbotsford, and ruled that the operators of Mary Jane’s Glass & Gifts Ltd. were in breach of the City of Abbotsford’s Business License Bylaw and Zoning Bylaw.

Further, the Court found that the City’s Business License and Zoning Bylaws are constitutionally valid and do not unjustly infringe Section 7 (life, liberty and security of person) or Section 15 (equality rights) of the Charter of Rights and Freedoms.

The decision in this case is not surprising.  It confirms the basic assumption that storefronts selling marihuana for any purpose are illegal.  The federal laws in place related to access to marihuana for medical purposes do not authorize retail marihuana dispensaries. (more…)