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Judge has sympathy for S&M Medicinal Sweet Shoppe owners

Published on February 7, 2025 by Pat Bulmer

Photo: Contributed/Michelle Sikora

A judge had sympathy for a couple running an unauthorized cannabis store, but said it’s not up to them to decide what the law is.

Michelle Sikora and Douglas Sikora ran S&M Medicinal Sweet Shoppe in Gibsons, B.C. Their cannabis was seized in 2020 and they were hit with $105,000 in penalties for operating without a licence.

The Sikoras filed various appeals. After administrative appeals failed, they took their case to court.

Justice Sandra Wilkinson heard their case in a Vancouver courtroom on Nov. 6-7 and issued her decision on Jan. 15, which was posted on the BC Supreme Court’s website.

The Sikoras represented themselves. The respondent was the Community Safety Unit, which enforces B.C.’s Cannabis Control and Licensing Act.

“I appreciate that the petitioners operated their business with the intent to benefit persons managing symptoms from a variety of medical conditions,” the judge wrote in her decision.

“They operated on a retail basis as an alternative to the federal scheme which requires medical cannabis to be obtained from a limited number of providers who must deliver their product by mail.

“However, given the presumed constitutionality of the legislative scheme, it is not open to the petitioners to offer an alternative and at the same time be compliant with the law.”

Following the 2020 seizure, Michelle Sikora argued the business was seeking to “fill the void” left by the federal government, who, in her submission, was not providing safe and reliable access to cannabis for medical patients.

Both she and the Doug Sikora were medical cannabis patients with licences to grow cannabis, their petition to the deputy director of the CSU noted.

That bid was rejected in February 2021. Reasons cited by the deputy director included:

— The Sikoras did not have a valid licence or permit for the cannabis that was seized.

— Federal cannabis regulations do not permit patients who have been authorized to possess cannabis for medical purposes to sell it to others.

— The couple’s charter arguments were without merit.

After further appeals, the fine was imposed in 2023. The deputy director at that time:

— Found the seized cannabis was intended to be sold.

— Rejected the Sikoras’ arguments that the enforcement inspection was an unreasonable search and seizure

— Concluded that the retail value of the seized cannabis was $52,936.98, which resulted in a monetary penalty of $105,873.86.

Later, it was determined the Sikoras were responsible for the corporate penalty.

Other than showing a little understanding of their situation, Wilkinson didn’t add further comment beyond restating the facts and citing what had previously been ordered.

“The petition is dismissed.”