BC First Nation re-criminalizes medical marijuana at behest of RCMP

by Grant Scott

The Chief and Council of the Westbank First Nation are taking steps to help the RCMP combat illegal drug activity on WFN Lands in line with their “No Tolerance Zone” policy.

The WFN was approached earlier this year by the RCMP asking that they assist in the ongoing police investigations into the production, sale and possession of marijuana on WFN Lands.

On July 4, Chief and Council gave third reading to amendments to the Safe Premises Law which will address the issue of medicinal marijuana licenses.

These licenses are issued by Health Canada and allow for the production, sale and consumption of marijuana for medicinal purposes.

The amendments make the federal regulations authorizing the issuance of medical marijuana licenses ineffective on WFN Lands. As a self-governing First Nation, they have the jurisdiction to create and implement laws such as this to keep the community safe.

This means that the production, sale and consumption of marijuana for medicinal purposes is not allowed on WFN lands.

The WFN says individuals who are producing, selling or consuming marijuana under one of these licences need to be aware that with the passing of these amendments, such activity is illegal and subject to the provisions of the Controlled Drugs and Substances Act and the Criminal Code.

"I think that's a little reefer madness," says Paul from the Compassion Club of the Central Okanagan. "This is a federal program, and if you have a license given to you by Health Canada, then you should be allowed to operate."

The RCMP worries that medical marijuana licences are being used to shield illegal marijuana operations.

They have expressed a number of concerns regarding these licenses, including that they are not well regulated, that Health Canada refuses to share any information regarding the licenses and, most significantly, that they may be used to shield illegal drug activity.

The RCMP have agreed that there will be a grace period during which officers will not necessarily lay charges against those who have a current medical marijuana license.

The WFN says the will continue to work closely with the RCMP to combat illegal drug activity on WFN Lands and are pleased to be able to provide authority for the RCMP to deal with this situation.

While WFN does not have statistics to suggest that WFN Lands experience more criminal drug activity than any other location, they are committed to creating a safe and healthy community and have a ‘zero tolerance zone’ policy.