The BC Supreme Court has ruled in favour of a Victoria city council decision to decline a rezoning application made by a downtown medical marijuana dispensary.
Council found that, under new zoning rules, 541 Herald Street was too close to a school and not an appropriate location for the Green Dragon Medicinal Society.
The rezoning request was refused last July.
In his decision, Chief Justice Hinkson stated:
“In my opinion, the conclusion by a municipal council, without holding a public hearing, that a storefront cannabis retailer operation in proximity to a location where children and young people will be found in numbers should not be permitted, is a decision that falls within the range of reasonable outcomes on an application by such a retailer for rezoning.
The court also approved the city’s request for an injunction meaning Green Dragon was required to cease operation.
In a message posted to Facebook, Green Dragon indicated that they are “closed for good” and bylaw officers found it closed when they attended the premises on Monday morning.
It is the first injunction granted to the city ordering the closure of an unauthorized cannabis retailer.
The city says it actively proceeding with court actions against others.