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Marijuana advocates criticize raids on NB dispensaries

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Marijuana advocates criticize raids on NB dispensaries
WATCH ABOVE: One day after the Saint John Police crackdown on marijuana dispensaries medical users are crying foul. Global's Jeremy Keefe has the details – Jan 25, 2017

Marijuana advocates are denouncing police raids in Saint John, saying the city’s police chief had previously signalled medical cannabis wasn’t a top priority for the force.

READ MORE: Medical marijuana dispensaries raided in Saint John

Six dispensaries were raided by officers from the Saint John city police and nearby forces on Tuesday, and 12 people were charged with possession of marijuana for the purpose of trafficking, echoing earlier raids in Halifax, Toronto, Montreal and elsewhere.

The group Maritimers Unite for Medical Marijuana Society said on Wednesday in a news release they had taken a signal from Chief John Bates in September, when he said medical cannabis was not a big priority for the force.

Bates said in an interview it’s true he’d said the force had limited resources to deal with the dispensaries, but he also said at the time he believed they were operating illegally.

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He said police must enforce the law until it’s clear what Liberal government will do. Ottawa is expected to table legislation in the spring to legalize marijuana.

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READ MORE: Licensed growers must increase ahead of legalization: NB marijuana producer

His force consulted with prosecutors on existing law and decided to proceed with their raids to make clear that businesses cannot sell drugs without a licence, Bates said.

“It could become the thin edge of the wedge. What’s next? Somebody is operating an illegal business and we’re just going to turn a blind eye to that?”

“Back in September we had some matters we were dealing with. As with other police agencies we have finite resources,” he said. “Now we felt we were on very solid footing to proceed with the investigation and subsequent charges.”

The Maritimers Unite for Medical Marijuana Society also cited a Federal Court decision that it says suggests the dispensaries are operating within the bounds of the law.

Currently, marijuana seeds that can be germinated are included under Schedule II of the Controlled Drugs and Substances Act, making them illegal to possess or sell, just like cannabis.

READ MORE: N.B. government invests $4M in medical marijuana production facility

However, patients who were granted a licence under the old medical marijuana regime to grow their own pot have been permitted to keep doing so as the so-called Allard case wound its way through the courts.

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In that case, Nanaimo, B.C., resident Neil Allard and three other plaintiffs had challenged whether rules introduced by Ottawa in 2014 that force medical marijuana patients to purchase the drug from licensed producers, rather than growing it at home, were constitutional, given the added expense involved.

Last February, a Federal Court judge sided with the patients, ruling that restricting access to the drug is unconstitutional, and requiring Health Canada to revise its regulations.

Chris Rideout, the chair of the society, says in the release that many licensed users of medical marijuana rely on the dispensaries to access their marijuana.

READ MORE: New Brunswick College to start pot cultivation training

Prime Minister Justin Trudeau said last month Ottawa is moving “properly and responsibly” to legalize marijuana, but the current law governing cannabis will stand until new legislation is ratified.

A federal task force has recommended that sales be allowed to Canadians 18 years and older.

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