BC’s cannabis branch has provided updates on its cannabis sampling rules for cannabis marketing licensees.

The BC Liquor and Cannabis Regulation Branch (LCRB) first updated its regulations in September 2023 to allow cannabis retail store licensees and their employees to accept samples from a federal licence holder. 

In BC, a marketing licence authorizes the licensee to promote cannabis for the purpose of selling it in British Columbia. A federally licensed cannabis producer is required to have a marketing licence to promote their products in BC.

Cannabis Retail stores and Farmgate stores (PRS licensees), as well as Section 119 authorization holders, are no longer required to pay a nominal fee for product samples. They may now also share product samples they receive (from federal licence holders and marketing licensees) with other cannabis store licensees and authorization holders.

All licensees and authorization holders must also ensure they keep records relating to cannabis samples.

The newest updates to the province’s handbook for the marketing of non-medical cannabis in BC clarify that the amount of cannabis in the cannabis sample may not exceed 3.5 grams of dried cannabis or the equivalent amount per class of cannabis. This is the equivalent of one gram of cannabis extracts or three cannabis seeds. 

However, an exception applies if the class of cannabis is not available in 3.5 g or less of dried cannabis or an equivalent amount. In that case, the smallest available amount of the class of cannabis may be provided as a sample.

A marketing licensee cannot provide cannabis samples to non-licensees such as patrons and members of the public.

A marketing licensee must keep records respecting cannabis samples received from a federal licence holder that contain the following information:

1. the unique excise tax identifier from the original packaging of the cannabis sample; 
2. the LDB SKU for the cannabis that the sample is from that is registered under the Cannabis Distribution Act; 
3. the date the licensee received the cannabis sample; 
4. the name and licence number of the federal licence holder that provided the cannabis sample to the marketing licensee; 
5. the amount of cannabis for each class of cannabis product in the sample received

A marketing licensee must also keep records respecting cannabis samples provided to another licensee that contain the following information: 

1. the unique excise tax identifier from the original packaging of the cannabis sample; 
2. the LDB SKU for the cannabis that the sample is from that is registered under the Cannabis Distribution Act; 
3. the date the licensee provided the cannabis sample; 
4. the name and licence number of the non-medical cannabis retail store licensee that received the cannabis sample; 
5. the amount of cannabis for each class of cannabis product in the sample provided

A marketing licensee may possess cannabis samples if: 

• the cannabis sample was supplied to the marketing licensee by a federal licence holder of a cultivation or processing licence;
• the marketing licensee is authorized under the Cannabis Act (Canada); and 
• the cannabis sample is from cannabis registered under the Cannabis Distribution Act. 

A marketing licensee may supply cannabis samples to non-medical cannabis retail store licensees for no consideration if the cannabis meets the following requirements: 

• the supply of the cannabis sample by the marketing licensee is authorized under the Cannabis Act (Canada); 
• the cannabis sample was previously supplied, for no consideration, to the marketing licensee by a federal licence holder of a cultivation or processing licence; and 
• the cannabis sample is from cannabis that is registered under the Cannabis Distribution Act. 

A marketing licensee 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 provincial rules about offering or providing inducements in respect of that offer, gift or agreement as long as the amount of cannabis in the sample does not exceed the maximum amount specified by the general manager for the class of cannabis product in the sample. 

The same applies to a marketing licensee who requests, accepts or agrees to accept a cannabis sample, for no consideration, from a federal licence holder of a licence for cultivation or a licence for processing. They are also exempt from provincial rules against requesting or accepting inducements in respect of that request, acceptance or agreement as long as the amount of cannabis in the sample does not exceed the maximum amount specified by the general manager for the class of cannabis product in the sample.

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