BC Cannabis Store Compliance Made Easy

While retail cannabis license application approval is the first important milestone for would-be cannabis retailers in BC, cannabis store compliance is arguably more important. Cannabis Retail Store (CRS) licensees have many responsibilities and duties that must be upheld. Failing to do so can put the CRS license in jeopardy.

CRS licensees must take proactive steps to remain compliant. Compliance Inspectors make unannounced visits and members of the public may make a complaint. Additionally, the Liquor & Cannabis Regulation Branch Minors as Agents Program (MAP) employs minors (under the supervision of inspectors) who may attempt to purchase cannabis from your store to further test your compliance.

In British Columbia, compliance means upholding the following:

• CRS license terms and authorizations – See the Cannabis Retail Store Licensee Handbook (PDF)
• Cannabis legislation and regulations – Licensing regulations include the Cannabis Control and Licensing Act and Cannabis Licensing Regulations and Federal cannabis legislation and regulations.

Source: Cannabis legislation and regulations, LCRB.

According to the BC Liquor & Cannabis Regulation Branch (LCRB), cannabis licensees must take “reasonable steps” to prevent contraventions. LCRB summarizes steps that CRS licensees can take to ensure compliance, which include but are not limited to:

• Preventing the sale of cannabis to a minor
• Checking ID
• Preventing the sale of cannabis to an intoxicated person
• Documenting store compliance policies
  If there is a licensing infraction, CRS licensees may be asked to present evidence of due diligence, such as compliance policies, training, supervision, reminders, staff meeting minutes, and incident logs. Documentation may form the basis of a “defence of due diligence” should an infraction occur.

Source: “Preventing contraventions”, LCRB.

What Happens if Your Cannabis Store is Not Compliant?

If a Compliance Inspector finds that your cannabis store is out of compliance, they sometimes attempt to resolve the issue through education. Whether an inspector holds education and compliance meetings with the licensee and staff or issues a Notice of Enforcement Action (NOEA), depends on the seriousness of the infraction and whether the retail cannabis licensee has been non-compliant in the past.

Source: “Enforcement action and compliance meetings”, LCRB.

If a CRS licensee receives an NOEA, they can sign a waiver, admit to the contravention, accept the penalty, and waive their right to a hearing. If a waiver is not signed, there will be an enforcement hearing –  including evidence and questioning; a case summary and submissions by an LCRB advocate and the licensee; and finally, the hearing decisions.

Source: “Enforcement hearing process”, LCRB.

Contravention Preventative Measures

In addition to ensuring all staff have a Selling It Right Responsible Service certificate, creating processes that prevent cannabis license infractions and regulation infractions is highly recommended. Thrive Liquor & Cannabis Advisors – BC’s leading cannabis consultants – helps cannabis store licensees prevent infractions by:

• Creating compliance training manuals
• Creating compliance checklists
• Creating cannabis store policies
• Providing compliance training to staff
• Providing compliance audits

Thrive Advisors Makes Compliance Easier than You Think!

Thrive Liquor & Cannabis Advisors helps cannabis stores succeed by providing cannabis license application services, retail cannabis strategy, and training. Our cannabis store compliance training and audits protect your cannabis license by ensuring your store meets government requirements. Compliance issues grow in darkness. Let Thrive shine a light!