When it comes to shutting down marijuana dispensaries, Mark Sraga admits it’s a bit like playing whack-a-mole.

“It’s still an ongoing challenge,” said Sraga, director of investigative services for the City of Toronto. “Dispensaries

open, dispensaries close.”

But his officers are seeing “better success” as they use city bylaws against illegal pot shops, he added.

When the city began its crackdown in May — as the big green leaf signifying cannabis began frequently popping up on storefronts around the city — there were 48 stores open.

Now, more are closing as a result of bylaw and police enforcement, said Sraga.

The more letters sent out informing dispensary owners and property owners of the bylaws they are breaking, the more stores comply, according to the city.

Now Sraga and his team also want to look at different ways of enforcing the city’s bylaw.

“I think we are also looking at anybody and everybody that has a fiscal interest in the property, not just the traditional operators or owners, but everybody with a fiscal relationship with that property,” he explained. That could include mortgage holders, for example.

As of Oct. 21, Sraga’s office had reports of 138 dispensaries. His officers investigated all of them, and 85 dispensaries have closed.

Workers and owners from half a dozen Toronto dispensaries have already pleaded guilty to planning and bylaw violations, resulting in fines ranging from $550 for an employee to $4,000 for a dispensary owner.

Others still think a pot shop is permitted in Toronto.

“We’ve had lawyers calling us on behalf of property owners, saying ‘I have a prospective tenant;’ I’ve had real estate agents contacting me saying ‘I’ve got a client that’s looking;’ I’ve had business owners themselves or prospective business owners saying ‘I want to open up a dispensary in Toronto, how do I get a licence to do so?’ And they’re informed, of course, that they can’t do that,” Sraga said.

One business owner — who had already received a letter from the city — called Sraga to ask why they got a letter when they have a business licence for a dispensary from Vancouver.

“I said, ‘Well this is Toronto, not Vancouver,’” Sraga recalled.

Q&A with the Prince of Pot

MARYAM SHAH

Marc Emery may be the Prince of Pot, but he still harbours serious concerns about a future with legal marijuana.

A federal task force on the legalization and regulation of marijuana is expected to report back in November. Legislation is expected in the spring.

Arguably one of the most well-known marijuana advocates in the country, Emery says he fears small-time dispensaries and long-time pot advocates will be frozen out once weed is legal.

His brand of dispensaries — Cannabis Culture — opened at least three stores in Toronto, selling to anyone aged 19 and over.

The Toronto Sun caught up with Emery:

•As legalization approaches, do you have any fears about being frozen out?

“That’s a big concern now, we’ll just keep breaking the law, anyway. I’ve seen 34 prisons and jails for pot and so I have paid my dues.

“So with me, you’re looking at someone who’s very hardcore. But I would certainly say that the ordinary Canadian producers who have been growing marijuana for 50 years — the ordinary Canadian sellers — they’re all going to be frozen out if the government gets its way, because they don’t trust ordinary citizens.”

•Is a black market for marijuana possible after legalization?

“If we have a free market, no, there will never be a black market. A free market would let the price plummet to its natural levels.”

•“What will you do if the government decides to sell marijuana is through the LCBO?

“It depends. If the LCBO is charging a free market price, meaning there’s other competition, then I would get out of the business. I don’t need to be in the business myself, I just need to know that the market is fairly available for all people.

“If they charge the HST, that’s fine, that’s on every commodity, that’s not a prejudicial thing. But if they say that they’re going to add a 50% tax to an artificially high non-market price ... then of course we’ll still be doing it, we’ll be undercutting them, obviously. If we can’t undercut them, we won’t be in business.”

•When asked for comment, Ontario’s finance ministry, which oversees the LCBO, offered a written statement:

“It would be premature to speculate on how marijuana could be distributed and retailed in Ontario as all decisions from the provincial level will be guided by the federal government’s framework for legalization which is still in development.

“Ontario does however have extensive experience and expertise in dealing with controlled substances such as tobacco and alcohol and has a proven track record of making these available to consumers in a socially responsible manner.”

(Responses were condensed for space)

mshah@postmedia.com