BC weed store with 'no babies' policy avoids fine for underage sale
A BC weed store which wouldn't let anyone under 19 enter the premises, including babies, has managed to avoid a $7,000 fine after it sold cannabis to a minor.
According to a recently published June 21, 2024 BC Liquor and Cannabis Regulation Branch decision, Rise Cannabis Mill Bay was caught in a sting operation, and sold cannabis to a person under 19 years old.
The Liquor and Cannabis Regulation Branch wanted to issue a $7,000 fine, or see the store closed for seven days, but the Vancouver Island business appealed.
If caught selling to a minor, bars and cannabis and liquor stores can argue a defence of "due diligence" to avoid the fine, although often don't succeed.
Last year, the Kelowna Beer Institute was issued a $7,000 fine for selling a single can of beer to a 17-year-old. Its defence that it had a 10-year clean record didn't matter.
In its appeal, Rise Cannabis Mill Bay argued it had made every possible effort not to sell cannabis to a minor, and that it had done its due diligence.
The decision said the staff member who sold the weed to the teen was promptly fired.
The store argued it had a policy not to allow anyone under 19 in the store "even babies" in a mother's arm. The store gave no rationale of what harm could be done by selling cannabis to a person over 19 who happened to be holding a baby.
READ MORE: 'No rationale': BC pub fined $7,000 for customer drinking beer in its bowling alley
The business argued it had strict protocols in place about asking for identification, and staff had four days of training when they were first employed.
Staff also had 30- and 90-day check-ins with staff and annual reviews.
Several staff members testified during the hearing and went into great detail about the numerous and extensive policies the company has to make sure they don't sell to minors.
However, the Cannabis Branch still argued for the $7,000 fine saying some of the training material was confusing citing the example that the ages of 25, 30 and 40, were all being used in talking about when to ask for identification and that staff training check lists weren't signed off.
READ MORE: BC bar fined $3,000 for clearing drinks from table 12 minutes late
"The Branch advocate noted that staff meetings are not held and the dangers of sales to minors is not followed up post-training," the decision read.
However, BC Liquor and Cannabis Regulation Branch general manager's delegate Dianne Flood said the business had put good policies in place.
"I find the Licensee places a high value on compliance and makes a strong effort to both ensure its staff are well-trained in their responsibility of not selling cannabis to minors and to put in place systems to reinforce that training," Flood said.
With that, the weed store avoided a fine or a temporary closure.
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