The B.C. government has issued a response to a suit filed in the Supreme Court of British Columbia by the owners of a medical cannabis dispensary in Vancouver that was subject to a raid in which the province’s Community Safety Unit (CSU) alleged the store was selling “non-medical cannabis.”

Shop owners Doug and Michelle Sikora claim in the suit that the Feb. 18 raid was essentially “a warrant-less search and seizure of medicinal cannabis and medicinal cannabis products from a medical cannabis dispensary,” and, therefore, represented a violation of the Canadian Charter of Rights and Freedoms, according to Coast Reporter.

The CSU asserts that the shop was selling adult-use cannabis products, and, as such, fell under its jurisdiction, along with that of B.C.’s Cannabis Control and Licensing Act.

The Sikoras’ statement of claim, however, argues the shop functions as a medical dispensary, which they further contend falls outside the oversight of federal and provincial legislation. That being the case, authorities “did not have the power to enter the premises without a warrant.”

They also say the business had “a temporary use permit and a business licence from the Town of Gibsons to operate as a medicinal dispensary,” both of which they acquired after cannabis became federally legal.

The couple is, therefore, demanding the return of, or compensation for, their seized product.

The couple is demanding the return of, or compensation for, their seized product. / Photo: iStock / Getty Images Plus iStock / Getty Images Plus

Lawyers for the Minister of Public Safety and the Solicitor General, also named in the suit, have issued a searing response to the Sikoras’ claims. The contend the shop was found to be selling adult-use cannabis products in June 2019 and Feb. 2020, and that rendered it bound within the constraints of the Cannabis Act and subject to the same enforcement as other pot shops, according to Coast Reporter.

“The plaintiffs kept non-medical cannabis at the store and sold non-medical cannabis from it,” notes the response. “None of the plaintiffs held a licence under the Act at any material time authorizing them to operate a non-medical cannabis store. None of the plaintiffs had lawful authorization to possess, distribute, or sell medical cannabis under the federal Cannabis Act.”

/ Photo: S&M Medical Sweet Shoppe, Instagram / Photo: S&M Sweet Shoppe, Instagram

The response states that law enforcement “had reasonable grounds to believe that the sale, supply, production, or storage of non-medical cannabis had occurred or was occurring at the store…” the Coast Reporter adds.

None of the arguments have been heard in court.

Interestingly, the shop owners recently announced on the S&M website that they would be releasing non-medical products. “The S&M Sweet Shoppe is now making all of their Edible Marijuana and Weed Candy products available non medicinal as well as medicinal,” reads the front page of the site. “Please check out our Facebook page S&M Sweet Shoppe for updates on our new line of non medicinal products.”