Hamilton police Chief Eric Girt has been eagerly awaiting the provincial announcement about how cannabis will be sold, so police can prepare for how they will tackle post-legalization enforcement.

“You need that legislative framework to regulate this,” he said, in a sit-down interview with The Spectator about cannabis late last week, where he expressed concern about regulatory uncertainty with two months to go before legalization.

Ontario announced Monday it will sell recreational cannabis online only come Oct. 17, with “tightly regulated” private retail stores by next April. Dispensaries remain illegal, and the government has not yet set criteria for who can apply to become a legal retailer.

On Tuesday, Girt was at a Canadian Association of Chiefs of Police meeting where they will address cannabis legalization. The service said they expect to have an update when he returns later this week.

Despite the uncertainty, Hamilton police recently seconded an officer to an interagency team, run by the Criminal Intelligence Service Ontario (CISO), with a goal of tackling dispensaries, Girt said.

He couldn’t provide any details about where and how the team will be run, but said he believes they’re “preparing.”

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CISO is a partnership between law enforcement and the government that investigates gangs, drugs, weapons and other cross-province, serious crimes.

A spokesperson for the Ministry of Community Safety and Correctional Services declined to answer questions about the cannabis dispensary team.

“That isn’t something we can speak to given the sensitive nature of the activities involved,” Brent Ross said.

Former Hamilton dispensary owner and activist Britney Guerra said she’s optimistic those involved in the industry will find a way to get into the legal market.

“I’m really happy that the province has allowed the private sector to get involved,” she said.

Guerra previously owned a King Street East location of Cannabis Culture — the chain that was owned by high-profile cannabis activists Marc and Jodie Emery. She was among five, including the Emerys, to plead guilty to drug charges last year in a deal that saw others have their charges dropped.

While those with criminal records may not be able to own a legal retail store, she said she’s “sure that lots of people that owned (a) dispensary currently will be able to get into the industry somehow.”

She doesn’t expect there will be mass closures of dispensaries. But, if she still owned a location, she would tell her staff to be prepared for a sudden closure if that’s what was needed to try to make a legal application.

“A legal application is more important than keeping a dispensary going as long as possible.”

But as long as dispensaries remain illegal, police will continue to execute search warrants and charge employees and owners, Girt said, during the interview.

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This new CISO team isn’t the only tool police are eyeing.

Included in the cannabis legalization bill, which received royal assent at the end of June, are possible stiff penalties for violators. It says those found in violation can face up to three years in prison and a $5-million fine.

“The fact that they’ve included fines up into $5 million ... I would call that a fairly stiff penalty, which is what we’ve asked for,” Girt said, adding that will “hopefully make it not profitable to engage in that conduct.”

Dispensaries have been a hot topic in Hamilton, with cannabis advocates criticizing police for targeting people they believe are doing no harm, and frustrated neighbours questioning why police and the city simply can’t shut the doors. The truth has been much more complicated.

“It changes on a daily basis, we shut one down and another opens, we lay charges, and three weeks later it reopens,” Girt said.

But the steep fine could change that.

“If (a dispensary owner) gets convicted twice that’s $10 million; I’m going to hazard a guess that’s going to impact on your bottom line.”

Girt said he doesn’t believe it should be the police’s job to be involved in inspecting or regulating the legal market. But where someone breaks the law, police services are duty-bound to enforce.

The City of Hamilton bylaw department counts the number of open dispensaries in the city at 53, but they’ve investigated over 94 and are aware of 41 that have closed, said licensing director Ken Leendertse by email.

To date, bylaw officers have issued 81 zoning notices, 52 zoning charges, 38 licensing tickets, 11 sign violation notices and 54 fees for service.

The city has no plans to change its approach in light of the provincial announcement, he said. They continue to investigate for municipal bylaw offences.

There are “no new bylaws planned at this time,” Leendertse said.