Vol. 67, No. 13 – B.C. Reg. 238/2024

Volume 67, No. 13
238/2024

The British Columbia Gazette, Part II
July 16, 2024

B.C. Reg. 238/2024, deposited July 16, 2024, under the CANNABIS CONTROL AND LICENSING ACT [sections 127, 130 and 131]. Order in Council 525/2024, approved and ordered July 16, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended as set out in the attached Schedule.

— M. FARNWORTH, Minister of Public Safety and Solicitor General and Deputy Premier; B. BAILEY, Presiding Member of the Executive Council.

Schedule

1 The Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended by adding the following section:

Samples of cannabis

26.1 (1) For the purposes of section 14 (j) [possession] of the Act, cannabis that meets the following requirements is prescribed:

(a) the cannabis is a sample that was supplied, for no consideration, to a licensee by

(i) another licensee, or

(ii) a federal licence holder of a licence for cultivation or a licence for processing;

(b) if the licensee to whom the cannabis sample was supplied is a marketing licensee, the possession of the cannabis sample by the marketing licensee is authorized under the Cannabis Act (Canada);

(2) For the purposes of section 17 (g) [supply] of the Act, cannabis that meets the following requirements is prescribed:

(a) the cannabis is a sample that is supplied, for no consideration, to a licensee by a federal licence holder of a licence for cultivation or a licence for processing;

(b) the cannabis sample is from cannabis that is registered under the Cannabis Distribution Act.

(3) For the purposes of section 17 (g) [supply] of the Act, cannabis that meets the following requirements is prescribed:

(a) the cannabis is a sample that is supplied, for no consideration, to a retail store licensee by a marketing licensee;

(b) the supply of the cannabis sample by the marketing licensee is authorized under the Cannabis Act (Canada);

(c) the cannabis sample was previously supplied, for no consideration, to the marketing licensee by a federal licence holder of a licence for cultivation or a licence for processing;

(d) the cannabis sample is from cannabis that is registered under the Cannabis Distribution Act.

(4) For the purposes of section 17 (g) [supply] of the Act, cannabis that meets the following requirements is prescribed:

(a) the cannabis is a sample that is supplied, for no consideration, to a retail store licensee by another retail store licensee;

(b) the cannabis sample was previously supplied, for no consideration, to the other retail store licensee by

(i) a federal licence holder of a licence for cultivation or a licence for processing, or

(ii) a marketing licensee who was authorized under the Cannabis Act (Canada) to supply the cannabis sample;

(5) A licensee or a federal licence holder of a licence for cultivation or a licence for processing who offers or gives, or agrees to offer or give, a cannabis sample, for no consideration, to a licensee or an employee of a licensee is exempt from section 50 (2) [offering or giving inducements] of the Act in respect of that offer, gift or agreement.

(6) A licensee or an employee of a licensee who requests, accepts or agrees to accept a cannabis sample, for no consideration, from a licensee or a federal licence holder of a licence for cultivation or a licence for processing is exempt from section 50 (3) [requesting or accepting inducements] of the Act in respect of that request, acceptance or agreement.

(7) It is a condition of an exemption under subsection (5) or (6) that the amount of cannabis in the cannabis sample not exceed the maximum amount specified by the general manager for the class of cannabis product in the sample.

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