About 30 illegal marijuana dispensaries voluntarily shut their doors in Hamilton the day cannabis became legal Oct. 17.

Hamilton police are watching dispensaries closely and believe those operators heeded the Ontario government's advice that those who shut down may have a chance to reopen legally when cannabis storefronts are allowed starting this spring.

This left 21 illegal dispensaries operating in Hamilton that police hope to shutter one-by-one. The first one targeted was Georgia Peach, 858 Upper James St., that police raided Thursday afternoon, bringing the number down to 20 currently open.

"We really haven't changed our tactics," said Deputy Chief Dan Kinsella.

Just like before legalization Hamilton's vice and drug officers are gathering evidence and executing warrants, where they seize volumes of cannabis and charge owners.

But with legalization and the Ontario Cannabis Act police have new teeth.

In the past police would lay criminal charges and Kinsella said that those would most often end with those convicted being given a peace bond — a legal promise to keep the peace and be of good behaviour.

But under the new provincial legalization those charged with operating a dispensary or a landlord leasing to a dispensary can face a fine up to $250,000 and a corporation can see a maximum $1 million fine.

Between January and the day cannabis became legal Hamilton police executed more than 30 warrants at dispensaries, Kinsella said. But in most cases those charged got peace bonds and many were able to reopen with new staff.

At the Georgia Peach on Thursday Hamilton police didn't just charge the owners, as was previously the practice, but charged all six people working in the store with operating an illegal dispensary.

Police seized 90 pounds of processed cannabis, plus large amounts of edibles, hash, THC oil, CBD powder and pre-rolled cannabis cigarettes.

One employee was also charged with four bylaw offences around signage, selling food without a licence and property standards.

These cases have yet to be tested in court, but police are hoping it will help them finally permanently shutter the illegal businesses.

At one time Hamilton had more than 80 illegal dispensaries operating in the city — perhaps the most per capita of anywhere in the province. Now Kinsella said Hamilton is still probably in the top three for most illegal dispensaries per capita.

The federal legislation also gives authorities the power to seize dispensaries — padlock the doors.

But Kinsella said the logistics of how that will work are not yet clear.

Specifically, who guards the property? Kinsella said that shouldn't be the job of the police.

The City of Hamilton has taken the position that it shouldn't be bylaw either.

On the day of legalization Ken Leendertse, director of licensing and bylaw enforcement, said that so long as business are complying with property standards and bylaws, the enforcement of dispensaries operating illegally is not a city matter.

Rather it's for police and the province — the Alcohol and Gaming Commission of Ontario (AGCO) will be licensing privately run stores starting next spring.

Spokesperson Phil Serruya said "the AGCO does not have a role with regards to illegal dispensaries."

Loading... Loading... Loading... Loading... Loading... Loading...

Enforcement is the responsibility of local police, he added.

Kinsella said they're committed to working with the province and anyone who will help shutter these dispensaries.

"We are committed to closing these places down," he said.

Yet this uncertainly means that when police raided the Georgia Peach Thursday they did not seize the property, because they didn't know who would take possession. Kinsella said police are exploring whether properties could also be seized as "proceeds of crime."

Most of the illegal dispensaries operating in Hamilton are owned by numbered companies, making it difficult to trace who really owns them and what ties they may have to other criminal activity, Kinsella said.

Hamilton police also have an officer seconded to a provincial interagency team, run by the Criminal Intelligence Service Ontario (CISO).

"We've got a lot of dispensaries here in Hamilton ... it's a big deal for us," Kinsella said. "We're willing to work with anyone provincially."

noreilly@thespec.com

905-526-3199 | @NicoleatTheSpec

- Future of pot shops uncertain but they're still popping up in Hamilton

- Hamilton police prepare for legal pot

- Hamilton pot shops uneasy as legalization takes hold

- In Hamilton, pot dispensaries growing like weed