Sudden Eviction of Victoria Cannabis Buyers Club – New landlord wants VCBC out today – Cannabis | weed | marijuana

After more than two decades in the same place, the Victoria Cannabis Buyers Club (VCBC) is facing a sudden eviction; the previous landlord sold the building last october, the new one wants to move out by today. The premises are to be vacated by January 2, 2023, as they only have 19 days at their disposal. Due to the short-term nature of the move, VCBC defies the eviction. These are the details surrounding the latest battle facing Canada’s oldest medical dispensary, the Victoria Cannabis Buyers Club.

The Victoria Cannabis Buyers Club?

The Victoria Cannabis Buyers Club is a non-profit organization that provides access to medicinal cannabis. They focus on justice and human rights and operate in accordance with the Canadian Constitution. Unfortunately, with the current cannabis law, this is not so easy. For incorporation into the legal system, the VCBC applied for an exemption 56.

826 Johnsonstr

The building at 826 Johnson Street has several floors of rentable storage units and at the bottom you will find the VCBC. In October 2022, the building was purchased by Bluebird Core Associates, a multi-franchise self-storage company.

When the building was sold, VCBC knew a move was probably inevitable. Ted Smith, the founder and President of the Board of Directors, was briefed on the building’s renovation plans and met with Bluebird. He explained what the VCBC does and clarified the details of their legal situation. The presentation of letters of support from the mayor and city council seemed to be well received. Ted was assured that the club would have the time it needed to find a new room and relocate. While Bluebird refurbishes the building’s storage facility, the VCBC’s space will remain untouched for some time.

This was a great relief considering the club has limited rental options. Finally, cannabis businesses have specific zoning requirements, plus a medical dispensary must be accessible. If the location wasn’t fully wheelchair accessible it could never work and adding upgrades takes time.

Protected by the previous landlord

There was enormous mutual respect for the previous tenant. In February 2021, the Provincial Community Safety Unit attempted to have the VCBC vacated. In addition, the organization was fined $6.5 million. The CSU threatened legal action against the building’s landlord and attempted to forcibly evict the club. Luckily, the landlord stood his ground and worked with the club to find a solution. The VCBC had JFK Law Corporation file a court order; to suspend the threat against their landlord until their request for exemption has been processed.

Stop caring for the sick and GTFO

On December 14, 2022, attorneys for Bluebird Core Associates served on VCBC a sudden and unexpected eviction notice. Pointing out that the club exists illegally, the new landlord terminated the current lease. In addition, they called for an immediate cessation of operations, despite the damage it would do to the club’s members. Specifically, the eviction notice states:

“The letter indicates that the VCBC is selling cannabis without a license in violation of the CCLA. Using the premises for the sale of cannabis constitutes a landlord misdemeanor. The use of cannabis on the property violates Victoria Ordinance No. 16-061 which states that no cannabis may be consumed on premises where a Cannabis/related business is operated. Permitting the smoking of cannabis on premises that are also a workplace is a violation of Section 64 CCLA.”

It seems odd that the landlord would use these particular arguments to terminate the lease as they are not applicable to the VCBC. For a provincial leisure shop, they absolutely apply. When it comes to a non-profit medical organization with a safe inhalation site, it’s a little different; especially if they have applied for a federal exemption 56.

To read the full eviction notice sent to the VCBC, click here.

Response from VCBC

For the club, this communication is unnecessary, inappropriate and frankly impossible. While they do not wish to have a hostile relationship, VCBC cannot and has not honored the terms set out in the eviction notice. Legally, there is no reason for the new landlord to proceed so harshly. In addition, the organization does not agree that there are reasons to terminate their lease. In an official statement published in Cannabis Digest, the organization has emphasized this point.

“The VCBC has not been found to violate any applicable law and there are clauses in the lease that protect the landlord from penalties that may result from the organization’s actions, along with other commercial law arguments that prevent the landlord from evicting immediately should the club.”

Image courtesy of Cannabis Digest – Ted Smith (left), Kirk Tousaw (middle), Owen Smith (right)

On December 21, 2022, VCBC attorney Kirk Tousaw formally responded to the notice with a letter. The letter, which details the legal status of the organization and its constitutional right to conduct business, claims that the lease is valid. It outlines VCBC’s plans to move and lists March 31, 2023 as a possible date. Will it be enough to stop further action by the new landlord? Hopefully, but only time will tell.

Click here to read VCBC Attorney Kirk Tousaw’s response to the eviction notice

The VCBC was supposed to move out today, but it’s going on as before. For a storage rental company with multiple locations across Canada, this is irrelevant; an independent bureaucratic matter that does not concern or concern the company. For the medical patients who depend on the VCBC, it is everything. It means they can get their medication for another day and for some it’s a matter of life and death.