First Nation Dispensaries – Are They Legal?
Eskasoni First Nation in Nova Scotia Plans to Regulate Cannabis Sales on Its Land – LPC
First Nation dispensaries have been a legal grey area from the start. The way the Cannabis Act is set up, provinces are in charge of all non-medical retail sales. But many question how the provinces are legally able to oversee First Nation dispensaries.
Eskasoni First Nation Chief Leroy Denny says they don’t need government permission or oversight at all.
“We have an inherent right to self-government,” said Chief Leroy Denny. “We don’t need any authorization or permission from Canada or the province to exercise our rights, so our self-government should be respected.”
Eskasoni, located on Cape Breton Island in Nova Scotia, plans to open its own retail cannabis outlet in response to safety concerns in the community. There were two incidents where people including children unintentionally ate cannabis edibles. The band gave out lockboxes to help reduce the risk of future incidents.
Chief Denny believes First Nation dispensaries run by the band council will also reduce the amount of illegal cannabis.
“We feel if we control and regulate our own, it will eliminate the illegal illicit drugs,” said Denny.
First Nation Dispensaries the Only Way for Some – LPC
According to this CBC report, First Nations in Nova Scotia initially agreed to follow the province’s lead on retail cannabis licences. They did this voluntarily without giving up their jurisdictional rights. (Please see link to full article below.) However, the Nova Scotia Liquor Corporation (NSLC), which oversees retail cannabis licences in the province, granted 14 new licences on February 14 – and none of them went to First Nation dispensaries.
This isn’t the first time the legality of First Nation dispensaries has come up. Last summer, Indigenous leaders across Canada said they felt left behind. First Nation cannabis rules are yet to be deterimined, they say.
In Ontario, the province allocated eight licences for First Nations in its now-defunct cannabis lottery system. Nipissing First Nation Chief Scott McLeod questioned the province’s jurisdiction over First Nation dispensaries then. The question is yet to be resolved.
At Eskasoni First Nation, it seems that patience with the process has run out. Chief Denny said that Eskasoni First Nation will open its retail outlet in the “very near future”. Proceeds from cannabis sales will go to fund health and social programming, he said.
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