Vancouver pot shops have won seven-for-10 at the city’s board of variance since March, having brought forward successful arguments for second cracks at marijuana business licenses. 

While it’s a tidal shift from the first two months of hearings when every decision went against shopkeepers, even the most keen observers, appellants and their lawyers would have a difficult time divining the precise ingredients that make for a successful pot shop appeal. In some cases, shops with nearly identical characteristics have received opposite decisions at the board.

The most striking example came last week when Kirk Tousaw, a lawyer fresh from a successful challenge of the 2013 Harper government’s medical marijuana scheme, successfully argued for Sunrise Wellness Kingsway. It was a coup for the shop, given that an earlier appeal by its next door neighbour Cannpassion was disallowed by board members.

When asked what makes for a successful appeal, Tousaw — who went two-for-three in arguments at the board last week — chuckled, then explained what he’s seen work and...