Hamilton councillors want the city and the province to get tougher with landlords who rent space to owners of pot dispensaries.

Since early this year Hamilton police have been cracking down on illegal storefront pot shops across the city. As of January, there were about 46 illegal marijuana dispensaries in Hamilton. As of last October, police had raided, seized product and laid charges against 10 outlets, with most of them reopening soon after.

Those raids included two in Stoney Creek. But one pot dispensary at the corner of Highway 8 and DeWitt Road continues to operate, even though it is down the street from Orchard Park High School and across the street from the Oxford Learning Centre.

In an effort to find another way to close down the marijuana dispensaries, Ward 5 Coun. Chad Collins wants the province to increase the fines to landlords who rent the space to the businesses.

“Landlords are aiding and abetting (the illegal pot dispensary business,)” Collins said at the April 23 audit committee meeting. “A big part of the equation is someone is trying to make a quick buck.”

He said if heavier fines can’t be established soon, then Collins requested the city be able to provide the names of those landlords who rent space to pot dispensaries. He said it has been difficult to find who owns properties. With the information, Collins said he and the surrounding neighbourhood could encourage the landlord to kick out the dispensary.

He said the province took action in 2006 to seize the building housing the former Sandbar Tavern, once a violent crack den, under the Civil Remedies Act because a crime took place there (two murders, one in 2001 and the second in 2003). The province gave the building to the city.

“We should discuss with the province how to deal with landlord confiscation,” said Collins.

Ancaster Coun. and Hamilton Police Services Board chair Lloyd Ferguson said board members have already requested the province “crack down” with “heavy” fines against landlords.

“I am holding my breath for something to happen,” said Ferguson. “We have to do everything we can.”

Under Ontario’s Cannabis Act, passed in late 2017, landlords face fines of about $250,000 for knowingly renting space to a dispensary, and $100,000 for subsequent convictions. Landlords could also face two years in jail.

In Ottawa, under the threat from Ontario’s fines or jail time for landlords, one landlord evicted a pot dispensary. But lawyers for pot shops argue under the Canadian Charter of Rights and Freedoms, medical marijuana patients have the right to “reasonable access” to their medicine and dispensaries argue they are providing that access.

Hamilton’s solicitor Nicole Auty said she will review the councilor's request.