Herbal Green case update
(Penticton BC – May 7, 2018) – The City of Penticton concluded its final marijuana dispensary civil injunction in B.C. Supreme Court today at the Kelowna Court House. The City obtained an injunction against Jukka Laurio doing business as Herbal Green for operating a marijuana dispensary within the City of Penticton.
Madame Justice Baker approved a consent order with key points as follows:
- “Herbal Green Café” also known as the “Russian and Finish Café” is prohibited and restrained from selling, using, storing or possessing marijuana/cannabis in anyway at its premises located at 256 and 248 Westminister Avenue in the City of Penticton (the “Properties”);
- Jukka Laurio must comply with five separate City bylaws and two provincial statutes;
- Jukka Laurio must withdraw the judicial review proceedings he filed against the City of Penticton without costs; and
- Jukka Laurio must pay a fine in the amount of $15,000.00 to the City of Penticton by November 15th, 2018, the failure of which will result in doubling of the fines to $30,500.00.
This is the largest fine amount made against a marijuana dispensary/owner or operator in British Columbia. The Herbal Green action was the final part of the City’s bylaw enforcement department’s prosecution of three dispensaries in the City through Court orders. Dispensaries are expected to follow these orders which prohibit the sale of non-medicinal marijuana until such time as the law changes.
“Council instructed Bylaw Services to treat all dispensaries equally under the law and we have been able to do so with three Court orders on three dispensaries” said Bylaw Supervisor, Tina Siebert. “Herbal Green was more punitive because there were two outstanding legal actions filed in the Penticton and Kelowna registries.”
For more information, please see the attached and entered Court order [PDF - 127 KB] dated May 7th, 2018.
Tina Siebert Troy DeSouza
Bylaw Supervisor Counsel for the City of Penticton
City of Penticton Dominion GovLaw LLP