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Vancouver, B.C. - Three medical marijuana advocates are suing the City of Vancouver for $400,000 after police raided a federally licensed indoor marijuana growing operation in the basement of a rented east Vancouver home.
"It's surprising with all this talk of liberal policies in Vancouver -- the safe injection sites, legal brothels and so forth -- that something that is legal, that is authorized by Health Canada remains taboo," said Michael Maniotis, one of three men who filed the lawsuit against the city in B.C. Supreme Court.
Maniotis, Yoram Adler and Dale Waldman say their Charter rights were violated when Vancouver's grow busters drug team, acting on a search warrant, raided Waldman's home on St. George Street on Sept. 8. Police said no charges were laid, although the city posted a "do not occupy" notice on the home.
She said electrical wiring and certain marijuana-growing equipment found in Waldman's home did not meet bylaw standards so power to the home was cut off. She said Waldman will have to remove the unapproved equipment and bring wiring up to code before power is restored and the do-not-occupy sign removed.
Windsor said licensed medical marijuana growers in Vancouver are encouraged to come to the city to find out how to properly equip their homes before setting up a legal growing operation that meets city bylaws.
According to Health Canada, federal marijuana production licences do not supersede provincial or municipal laws.
Spokesman Christopher Williams said cities have the authority to inspect and even shut down a licensed grow operation if the licensee fails to meet existing municipal, provincial or federal laws.
So far, no court date has been set to hear the lawsuit.
As of Nov. 4, 1,118 people were issued medical marijuana licences by Health Canada. In B.C., there are 217 licensed users.
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact: sunletters@png.canwest.com
Website: Canada.Com
Adler, who is licensed to grow up to 49 marijuana plants for personal use under a Health Canada permit, had been renting a basement room in Waldman's home, with his landlord's consent, to grow marijuana. Maniotis, meanwhile, was a renter in Waldman's home.
The three men are each seeking $50,000 in general damages from the city, while Adler is asking for an additional $250,000 "for his medical suffering, which the defendants wilfully caused," according to a statement of claim filed in support of the civil lawsuit.
The city is maintaining that even licensed medical marijuana growers must meet city bylaws -- and some of the electrical wiring in Waldman's home did not.
At the time of the raid, Adler said he had no plants growing, but had intended to start another crop in September. He said he uses marijuana to ease symptoms of arthritis and a degenerative disease.
The seizure of marijuana-growing equipment by police, and a "no-occupancy" citation posted on Waldman's home by the city has left Adler with no medical marijuana supply, he said in an affidavit.
"I fear for my health . . . I am stuck without alternatives and am forced to seek my medicine on the street," the affidavit states.
Waldman and Maniotis further allege the police abused their authority when officers detained both men "at gunpoint" as police searched the home for drugs and weapons.
Waldman also claims he has lost his rental income after the city cut off power to his home, citing him for violating electrical bylaws and for electrical theft.
The city filed its statement of defence Oct. 20. According to that document, city lawyers say the city did nothing wrong when police officers executed the search warrant at Waldman's home. And while they didn't find an active grow operation inside the home, 25 marijuana plants -- not authorized under Adler's licence -- were found growing in the backyard, the city says.
Contacted Monday, city lawyer Tom Zworski referred The Vancouver Sun's questions to Barb Windsor, deputy chief licence inspector for Vancouver.
Windsor refused to talk about specifics of the case while the matter is before the court. She did say that regardless of someone's status as a licensed medical marijuana grower, "they must still meet all of our bylaw requirements."
"It's surprising with all this talk of liberal policies in Vancouver -- the safe injection sites, legal brothels and so forth -- that something that is legal, that is authorized by Health Canada remains taboo," said Michael Maniotis, one of three men who filed the lawsuit against the city in B.C. Supreme Court.
Maniotis, Yoram Adler and Dale Waldman say their Charter rights were violated when Vancouver's grow busters drug team, acting on a search warrant, raided Waldman's home on St. George Street on Sept. 8. Police said no charges were laid, although the city posted a "do not occupy" notice on the home.
She said electrical wiring and certain marijuana-growing equipment found in Waldman's home did not meet bylaw standards so power to the home was cut off. She said Waldman will have to remove the unapproved equipment and bring wiring up to code before power is restored and the do-not-occupy sign removed.
Windsor said licensed medical marijuana growers in Vancouver are encouraged to come to the city to find out how to properly equip their homes before setting up a legal growing operation that meets city bylaws.
According to Health Canada, federal marijuana production licences do not supersede provincial or municipal laws.
Spokesman Christopher Williams said cities have the authority to inspect and even shut down a licensed grow operation if the licensee fails to meet existing municipal, provincial or federal laws.
So far, no court date has been set to hear the lawsuit.
As of Nov. 4, 1,118 people were issued medical marijuana licences by Health Canada. In B.C., there are 217 licensed users.
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact: sunletters@png.canwest.com
Website: Canada.Com
Adler, who is licensed to grow up to 49 marijuana plants for personal use under a Health Canada permit, had been renting a basement room in Waldman's home, with his landlord's consent, to grow marijuana. Maniotis, meanwhile, was a renter in Waldman's home.
The three men are each seeking $50,000 in general damages from the city, while Adler is asking for an additional $250,000 "for his medical suffering, which the defendants wilfully caused," according to a statement of claim filed in support of the civil lawsuit.
The city is maintaining that even licensed medical marijuana growers must meet city bylaws -- and some of the electrical wiring in Waldman's home did not.
At the time of the raid, Adler said he had no plants growing, but had intended to start another crop in September. He said he uses marijuana to ease symptoms of arthritis and a degenerative disease.
The seizure of marijuana-growing equipment by police, and a "no-occupancy" citation posted on Waldman's home by the city has left Adler with no medical marijuana supply, he said in an affidavit.
"I fear for my health . . . I am stuck without alternatives and am forced to seek my medicine on the street," the affidavit states.
Waldman and Maniotis further allege the police abused their authority when officers detained both men "at gunpoint" as police searched the home for drugs and weapons.
Waldman also claims he has lost his rental income after the city cut off power to his home, citing him for violating electrical bylaws and for electrical theft.
The city filed its statement of defence Oct. 20. According to that document, city lawyers say the city did nothing wrong when police officers executed the search warrant at Waldman's home. And while they didn't find an active grow operation inside the home, 25 marijuana plants -- not authorized under Adler's licence -- were found growing in the backyard, the city says.
Contacted Monday, city lawyer Tom Zworski referred The Vancouver Sun's questions to Barb Windsor, deputy chief licence inspector for Vancouver.
Windsor refused to talk about specifics of the case while the matter is before the court. She did say that regardless of someone's status as a licensed medical marijuana grower, "they must still meet all of our bylaw requirements."
