Will legal pot industry welcome busted budtenders?

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Richard Khan, who was facing multiple counts of drug trafficking, decided last week to throw himself upon the mercy of the court.

Afterall, the court, at least in Ottawa, has been increasingly merciful toward people such as Khan who have been arrested while working at illegal marijuana dispensaries.

Khan joined a growing number of dispensary “budtenders” who have pleaded guilty and gambled they won’t end up with a criminal record.

So far, the odds are in their favour.

Half of the 44 people charged during police raids on dispensaries have pleaded guilty or indicated they plan to, according to court records. And of those who have been sentenced so far, most received discharges, which is a finding of guilt in which no conviction is registered.

Not carrying the burden of a criminal record is a huge advantage for anyone looking for a job. And Khan was scheduled for an interview Monday for a position at an Ontario Cannabis Store in Ottawa. A branch of the LCBO will operate cannabis stores across the province when recreational pot becomes legal in October.

Khan’s knowledge of cannabis might make him a good candidate for the job as a product specialist, and most of his experience is in the legal side of the industry. He worked at Tweed, the medical marijuana grower in Smiths Falls, for two years before being laid off and taking a job at an illegal dispensary in Ottawa.

What remains to be seen is how willing the Ontario Cannabis Retail Corp. will be to welcome employees such as Khan who have worked in the black market. Will experience at an illegal dispensary be an asset or impediment?

The Cannabis Corp. “will have a thorough vetting and interview process for potential retail employees and thorough staff training to ensure that all employees demonstrate the high level of integrity expected in the sale of cannabis,” according to a statement from the LCBO.

“For individuals with a criminal background, charges are assessed for factors such as severity of the charge and length of time since the charge to assess for risk to the OCS, similar to what is currently in place for prospective LCBO employees.”

Cannabis activists argue it’s vital to welcome some people from the illegal pot trade into the thriving legal industry because they bring expertise. It will also help the federal government achieve its key policy objective of crushing the black market, which is worth as much as $6.2 billion a year, according to Statistics Canada.

It’s already happened at some of the country’s legal medical marijuana companies. At Canopy Growth Corp. and Aurora Cannabis Inc., for example, several top staff members were once pioneers who established illegal medical marijuana dispensaries.

Khan, on the other hand, is just one of the little guys. The 40-year-old has worked as a server in restaurants in the Smiths Falls and Perth areas. When the huge Tweed marijuana plant opened, he got a job as a product-information specialist and customer-care representative, helping patients with medical marijuana, which is sent by mail.

Then he was laid off after being told there was a slowdown in sales.

It was a rough time. “We had a baby on the way,” said Khan. “Not working was not an option.” A friend mentioned that a marijuana dispensary called Magna Terra was looking for employees.

Khan said he was impressed with the Magna Terra shop in Stittsville, which was designed to look like a medical clinic. “It looked professional.” He was hired immediately and worked there six months.

Khan knew it was a risk. But the Magna Terra shops, unlike some of the other dispensaries that were popping up around the city, restricted sales to medical patients.

Khan said he thought that would provide some legal protection. Canadian courts have ruled that patients must have “reasonable access” to medical marijuana, and one judge declared that dispensaries are “at the heart” of such access. “In the back of my mind, I was thinking of that ruling.”

His wife, Ashley Chivers, was with him in court Friday for moral support. She said they both thought it was a “grey” area of the law. “If it was illegal, why are all these shops open?”

Things were definitely black and white when police arrived on March 21, 2017 to raid the Stittsville shop and the other Magna Terra dispensary on Carling Avenue.

Khan was arrested along with six others, including Magna Terra manager Franco Vigile, his brother Peter Vigile and sister Nina Vigile. Nina was charged with weapons offences after police found an unlicensed, loaded handgun when they searched the Vigile family home, which was the business address for Magna Terra.

The charges against the Vigile siblings are still before the courts, according to record checks Friday.

Khan said he had planned to fight the drug-trafficking charges on constitutional grounds, arguing that he was helping medical patients. But three other budtenders who worked at other dispensaries and had initially planned to join the constitutional challenge have now pleaded guilty. On Friday, Khan decided to do the same.

“I don’t want to hurt my future employment opportunities. We have a young family.”

“Lawyers are expensive,” added Chivers with a sigh.

Khan’s sentencing is scheduled for Aug. 29.

jmiller@postmedia.com

Twitter.com/JacquieAMiller

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