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WATCH: Downtown Kelowna marijuana dispensary in limbo

KELOWNA — The number of medical marijuana dispensaries in the Central Okanagan has climbed from one to three in just a matter of months.

The first was the Bkind compassion club in Rutland six years ago.

One of the newest on the block is Black Crow Herbal Solutions in West Kelowna.

“West Kelowna has been really good,” says owner Bob Jaenicke. “I called last year inquiring about opening up a dispensary over here and they weren’t open that but I called them a few months ago and they were open to talking about it so I talked to the local RCMP, city council, bylaw and got their approval.”

But Jaenicke admits West Kelowna wasn’t his first choice.

He wanted to set up shop in Kelowna but was rejected.

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“They were adamant, do not come to Kelowna. We won’t allow you to operate, they said. I said: ‘there’s already a dispensary/compassion club operating in Kelowna — Bkind — are you telling me that I can’t also operate?’ And they said: ‘yes, if you try to open up we’ll have you shut down and seize all your product and face criminal prosecution’.”

But Jaenicke soon noticed that someone had succeeded in Kelowna, where he failed.

“Then I noticed weeks later that a dispensary had opened up.”

Looking at the building you wouldn’t know it’s a medical marijuana dispensary. It’s located on Lawrence Avenue in downtown Kelowna. It sells just about every marijuana product available — as long as you have a prescription.

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Ryan Pahl is one of two owners.

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He says he has more than 300 members since opening last October. He calls them patients who must follow strict guidelines.

“The City of Kelowna in terms of how they view us is a big priority for us. A big thing that we stand by is our code of conduct and that’s basically all our patients sign a form stating that they can’t use products within a nine block radius of the clinic. So we’re getting the product out of the community and getting it out of the downtown.”

They even have a business licence.

“It’s a little bit more than just going and getting a regular business licence,” says Pahl. “I guess our image is a lot more important so keeping a professional image is big when you’re going to the city to present any sort of business plan to develop a dispensary. It’s not just opening up and selling random product in your store.”

Actually, that’s not accurate.  The city of Kelowna says Pahl and his business partner weren’t telling the truth when they applied for their business licence.

“As we understand it, they have a business licence for retail operations and through our investigation it looks like it has transformed into a medical marijuana dispensary,” says Rob Mayne with the City of Kelowna.

But instead of pulling the licence, the city is taking its time — looking at all its options.

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“As you know these operations are operating in many different cities throughout British Columbia and there may be a good reason why they are so we’re approaching this cautiously and making sure that we’re following the right path to close it down if possible or whatever we’re going to proceed with,”  says Mayne.

But Pahl says they are not having a negative impact on the community and should stay open.

“Well I guess it comes down to the government standpoint — whether it’s municipal, provincial or federal. It’s a social issue. So as long as we’re not having a negative impact with the community then it becomes more of a government issue.”

And Pahl might be right. City staff says the issue of whether to pull the Kaya clinics licence might come before council… and that means local politicians may have to wade into the thorny issue of where medical marijuana can legally be sold.

Calls to mayor Colin Basran on the matter were not returned.

Kelowna RCMP say they are aware of the marijuana dispensary and are working with the City of Kelowna on the matter.

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