Skip to content

Courtenay medical marijuana retailer battles city hall, RCMP

“My plan is to continue to fight this. People have rights to this plant.”
8843984_web1_171010-CVR-N-Leaf
Tasha Chidley works the counter at Leaf Compassion Dispensary Courtenay, Friday morning.

Terry Farrell

Record staff

The owner of the new cannabis dispensary in Courtenay is undaunted by recent raids of his retail store.

Kyle Cheyne said that the need for medical marijuana products is great in the Comox Valley, and in his mind, serving the people trumps laws he says are outdated.

“The RCMP told me, ‘You know, we’re getting paid by the hour… if you’re going to put product on the shelf, we are going to raid you and put a warrant out for your arrest.’ And I just told them, ‘Listen man, if you raid it, I’m just going to put product back up and continuously re-open.’ This is building a lot of hype and it’s silly. We should have regulations in Courtenay, just like we do in most places on the Island.

“We know it’s illegal, but the system is broken,” he continued. “I am also a patient. I am allowed to grow my own, but there is no option for people who can’t. They need a spot to go to.”

Cheyne does not have a licence to sell his product. He says there is no system in place to allow for him to sell it legally.

“If you look at why this plant is outlawed, and why it needs to be here, it’s quite obvious that it’s all complete [BS],” he said.

Cheyne said what he is doing is for the greater good of the community.

“Nobody in Courtenay is giving people safe access to medical [cannabis] products that are lab tested,” said Cheyne. “CBD (cannabidiol) is basically becoming one of the most popular cannabinoids worldwide and it’s not psycho-active at all. The healing property in marijuana, cannabidiol, is just incredible. When they took our products away, when they raided, 80 per cent of them were high in CBD, and probably 50 per cent of them had no THC at all. We are focused on medical patients. That’s really what we are going on.

“My plan is to continue to fight this. People have rights to this plant. We are fighting for medical patients.”

He said in the short time he was open prior to being raided, he saw a variety of clients who were looking for medical help.

“In the two days since we opened (Oct. 1), I’ve met four people who have cancer, three people who came in who are suffering from seizures, and one who was even having a minor episode while I was there. They are leaving almost crying, saying they can’t get this anywhere else.”

The Comox Valley RCMP raided the newly opened Leaf Compassion Dispensary Courtenay (379 Fourth St.) on Tuesday, seizing “a quantity of marijuana, marijuana derivatives and cash.”

Courtenay Mayor Larry Jangula said the City has a standing policy regarding any type of marijuana business within city limits.

“Until such a time that it is determined that these are legal - I understand that is July 2018 - then we will proceed with it. Until such time, our take - and it’s not just City Hall, it’s the RCMP’s take as well - is that these are illegal, and that we are not giving licences for them. We have discussed this as council and that’s what we decided.”

Jangula said the City got involved at the request of concerned business owners in the neighbourhood where the business is situated.

“They are the ones who contacted me and asked me if I was aware this was happening. They (Leaf) had talked to some of these people and basically told them that they are opening whether the police condone it or not, and if they get a ticket from the City every day, they are still going to operate. That upset and concerned some of the neighbours. They said, ‘If they don’t have to pay for a business licence why should we have to pay for one? And secondly, we aren’t really comfortable with that being in our neighbourhood.’ So that’s where it went from there.”

The fine for operating without a business licence in Courtenay is $500 a day.

If the business refuses to conform, further sanctions can be enforced.

“If it persists, eventually we can apply for an injunction and have the place locked up, or shut down,” said Jangula. “We haven’t gone to that stage, but that would be the final stage.”

Jangula said to his knowledge, there has only been one fine handed to Leaf Compassion Dispensary to date.

“I haven’t talked to the bylaw officers today (Friday) but I am aware of one. It was given on Monday.”

RELATED: Mayor Jangula receives death threat after raid

Jangula said the first time Leaf representatives came to City Hall requesting a business licence was after they were served with a ticket.

Cheyne said he has a business licence for his Port Alberni location. He has applied for rezoning for his Victoria location and his Chemainus location is operating without a business licence.

His Chemainus location was raided three months ago, after being open for a year and a half.

When asked whether Leaf would consider selling strictly CBD products without THC for the meantime in Courtenay, Cheyne said CBD products won’t work without THC.

“The thing is, there’s a lot of confusion. CBD alone doesn’t do a lot of what it needs to do. It can’t. It needs to have THC with it. Just CBD alone is proven to work with people who suffer from anxiety, or mild depression, but it’s not good for things that are chronic. It just doesn’t work.”

Cheyne said that while doctors will provide prescriptions, he does not require one, as long as customers sign a waiver.

Cheyne has no medical background.

“I have six years of experience (with medical marijuana),” he said. “When I first got involved, I started off at the very bottom, with weighing product. Then I got on the front line, as a budtender. Then I moved all the way up to a general manager and after two years I opened my own dispensary.”

He said a medical background is not necessary to determine what people need.

“We have a program where you can look up all the prescriptions in the world, and it gives you a red flag if it reacts with cannabis, so it’s very easy.

“It doesn’t take that long to understand people’s pains, break them down into the two categories (of marijuana) and determine what’s best for you. It’s all about experience. We are professionals, because we have experience. Yes, we didn’t go to school, and we don’t do things by a book. But we’ve met people. Thousands of people. We have 40,000 members on the Island and we’ve only been open three years. There’s no better experience than face-to-face and it’s never really failed us, when it comes to getting our medicine to people.”

When asked what percentage of his customers purchase the product for purely recreational purposes, he said Leaf does not cater to the recreational user.

“It’s very hard to say ‘non-medicinal.’ If someone suffers from anxiety, or depression… that can lead to suicide. There are recreational dispensaries all around, but even our banner says it: We are a medical dispensary. We cater to medical patients. People are coming in, saying ‘yes, I have this going on’… then honestly, who are we to judge?”

Cheyne said he will continue to fight to supply ailing Comox Valley residents with his product, despite what the law states.

“The problem is, people, like Larry Jangula, have the attitude that the law is the law, and people need to suffer. That’s absolutely ridiculous.”



Terry Farrell

About the Author: Terry Farrell

Terry returned to Black Press in 2014, after seven years at a daily publication in Alberta. He brings 14 years of editorial experience to Comox Valley Record...
Read more