Cannabis store ordered to close for week after selling gummies to minor
A Kelowna cannabis store will be closed for a week next month after being caught selling THC gummies to a 16-year-old.
According to a decision from the BC Liquor and Cannabis Regulation Branch, Prime Cannabis on Pandosy Street sold a five-pack of cannabis gummies to an undercover minor working with inspectors on Nov. 30, 2023.
After the teenager made the purchase with $20 in cash and was not asked for ID by the budtender, an inspector also in the store informed the budtender of the contravention.
The budtender took "full responsibility for his mistake," said the ruling.
The store did not dispute the contravention, but raised the defence of due diligence at a hearing, trying to argue that the business had procedures in place to prevent the sale of product to underage people.
Prime Cannabis also changed its ID policy after the incident and now requires staff to ID anyone who looks to be under the age of 40.
“Signs have been posted at our doors. The penalty for selling cannabis to a minor in British Columbia is a minimum of $7,000 fine or close our business for 7 days,” said a notice distributed to staff. “This penalty threatens our ability for Prime Cannabis to stay in business and keep everyone employed. This is a significant risk to our company and all staff.”
The cannabis control board, however, rejected the pot shop’s defence.
“There are a number of weaknesses in the licensee’s policies and practice. The licensee has failed to produce sufficient documentation to establish due diligence,” the decision states, noting there are some “inconsistency” about a secret shopper program at the store. It remains unclear if that program was operating before the contravention.
The ruling also found a Prime Cannabis standard operating procedures document “confusing” and recommended training checklists be put in place.
The store told the regulator it would prefer a closure order over a $7,000 fine.
The shop was ordered to close for seven days starting on April 3, 2024 with signs displayed in a prominent location informing the public of the suspension.
Flora Cannabis avoids penalty
After a separate inspection of Flora Cannabis in West Kelowna caught the store selling cannabis to a minor on Sept. 26, 2023, the cannabis control board accepted that shop's defence of due diligence and set aside a penalty.
The budtender in that case was terminated due to Flora Cannabis’ zero-tolerance policy of selling to minors.
Flora submitted evidence of its secret shopper program and other documentation related to training around ID checks.
“I find that the budtender’s failure to request ID of the minor agent was an unfortunate one-time oversight by the budtender who had been trained well and had, up to this time, been a good and trusted employee at the cannabis retail store,” the decision said.
"Unfortunately for the budtender, the licensee’s strict policy of terminating any employees who sold to a minor agent was the consequence."
“I find that the licensee has a strong culture of compliance with every effort being made to ensure its staff in the [store] are well trained in the licensee’s corporate policies and are reminded every day of the responsibility of not selling cannabis to minors.”
