Cannabis Industry Update: December 6, 2023

Dear ABLE BC Cannabis Members and Industry Colleagues,

Here’s what you’ll find in today’s update:

  • Petition: Increase THC Limits on Cannabis Edibles

  • Protecting Retailers: Distance Criteria

  • Member Spotlight: Glenmore Cannabis

  • Health Canada Limits CBN Potency

  • WorkSafeBC: Info on First Aid Regulatory Changes

  • Reminder: Securing Small Business Rebate Program

  • Guide & Service Dogs: What You Need to Know

  • go2HR: Recruitment Strategy Through an Equity, Diversity & Inclusion (EDI) Lens

  • Out and About with ABLE BC

Find all past updates here.

Advocacy Update: Petition to Raise THC Limits on Cannabis Edibles

Regulatory THC limits on edibles is a longstanding issue in our industry. 

ABLE BC signed the recent petition to increase the current limit of 10 mg THC per package to 100 mg for cannabis edibles. 

Benefits of raising the limit are:

  • permit more product diversity and innovation within the market; 

  • provide product offerings that matches consumer demands; 

  • allow the licensed market to compete further against the illicit market and convert consumers to purchase from legal sources. 

Over 2200 people have signed the petition so far, which is open until March 7, 2024.

THC potency limitations in edibles are regulated federally by Health Canada under the Cannabis Act and Part 6 of the Regulations, stemming its origins from initial public health and safety concerns from a time period before the start of Canada's legalization in 2018.

ABLE BC connected with Mr. Patrick Weiler — Member of Parliament in the House of Commons and also the Co-Chair of the all-party Parliamentary Cannabis Caucus — who is sponsoring the petition to see how we can also align efforts on this matter. We look forward to working with the Caucus further in the future and bringing you more updates on this end.

Advocacy Update: Protecting Retailers — Distance Criteria

As the number of licensed cannabis retailers in BC continues to increase, ABLE BC is determined to protect your investments and support your long-term success. 

Many of you retailers have experienced the frustration of a new competitor entering your vicinity and undercutting your hard work of building a supportive following in the local neighbourhood, where you have invested (both financially and emotionally) into that location and community. 

To support your business, ABLE BC is working with the provincial government and municipalities to implement mandatory distances rules between new cannabis stores (including government owned). Based on our proven efforts in the liquor stores and pub industry, we have seen the value and positive impact on protecting existing licensed businesses by rolling out and upholding a door-to-door distance criteria, such as protected revenues, accessible banking, and increased value in your licensed asset. 

Our strategic correspondences are focused on the needs of our membership and based on the local factors of that municipality's community. If you are a licensed cannabis retailer facing similiar challenges in your location and looking to protect your business, please connect directly with our Head of Cannabis Membership.

Member Spotlight: Glenmore Cannabis

Heading up to Kelowna?

While you're in town, be sure to visit Glenmore Cannabis!

Locally owned and operated, Glenmore Cannabis customer service and product knowledge is superb — which explains why their reviews often boasts about the friendly staff and having a wonderful shopping experience.

Just on the corner of Summit Drive and Glenmore Rd, the store offers a vast selection of products, ranging from direct delivery exclusives, craft, concentrates edibles, beverages, topicals and many other local products.

Be sure to drop by the shop and say hello!

Industry Update: Health Canada Limits CBN Potency

On December 5, 2023, Health Canada (HC) released their guidance document on limiting "intoxicating" cannabinoids for Licensed Producers (LPs).

HC's definition of intoxicating cannabinoids means "cannabinoids that bind to and activate the type 1 cannabinoid receptor (CB1 receptor)" — such as delta-9-THC (most common THC) — and now they have included:

  • delta-8-THC

  • delta-10-THC

  • delta-6a-10a-THC 

  • THC-O-acetate (THC-O)

  • cannabinol (CBN) 

  • hexahydrocannabinol (HHC)

  • tetrahydrocannabivarin (THCV)

  • tetrahydrocannabiphorol (THCP)

  • tetrahydrocannabutol (THCB)

HC has expressed some concern with these cannabinoids based on public health and safety. However, HC also admits they need to collect more information to fully comprehend the health effects of these cannabinoids and that a revision of this list is possible in the future as more evidence comes forth.

How does this impact cannabis products in our market?

HC is now recommending LPs to include the quantities of these other cannabinoids into the total calculation amount of a product's THC limits for a particular product class/category. For example:

  • An edible cannabis product containing 2 mg of CBN and 8 mg of delta-9-THC would align with HC recommendations. This is because the total amount of intoxicating cannabinoids (2mg + 8mg) does not exceed 10 mg.

  • However, an edible cannabis product containing 3 mg of CBN and 8 mg of delta-9-THC would not align with HC recommendations. This is because the total amount of intoxicating cannabinoids (3mg + 8mg) does exceed 10 mg. 

These changes fortunately only apply to products that are "deliberately" made to contain intoxicating cannabinoids other than delta-9-THC (i.e., edibles, extracts) — meaning that dried cannabis like flower and non-infused pre-rolls are unaffected. 

Unfortunately, this hinders our industry's ability to complete with the illicit market since we are further limiting your product offerings. CBN is popular amongst consumers looking for a good night sleep or sought after by consumers for the entourage effect by combining it with CBD or THC. 

LPs may adjust their existing edibles to these recommendations or pivot toward a new product category to meet market demands (i.e. tinctures, oils, gel capsules). In the meantime, retailers may wish to stock up on top selling SKUs that will be impacted by this change. 

The petition we mentioned earlier, increases THC limits on edibles which in turn also supports raising the limits of the cannabinoids impacted by HC's guidance document. Be sure to sign the petition.

Industry Update: WorkSafeBC — First Aid Regulatory Changes

In April, WorkSafeBC approved changes to Part 3 of the Occupational Health and Safety Regulation. These changes will take effect on November 1, 2024. Further guidance has been added to the WorkSafeBC backgrounder to help both employers and workers navigate updates. 

The additional guidance is summarized below: 

Guidance on “less-accessible” workplaces 

“Less-accessible” workplaces include workplaces that ambulances cannot easily reach by land, and workplaces where BC Emergency Health Services ambulance attendants may not be able to safely access an injured worker. The backgrounder now includes guidance on identifying “less-accessible” workplaces. 

Alignment with the CSA standards 

Information has been added on updated first aid training program names and shortened course duration for Intermediate First Aid (currently OFA 2). Basic information on new first aid kits and equipment requirements has also been added. 

Emergency transportation 

The amended Occupational Health and Safety Regulation requires written first aid procedures to identify how workers will be accessed and moved if there are barriers to first aid, and the location and method of emergency transport where required. Information on the minimum requirements for emergency transportation has been added. 

More resources from WorkSafeBC are available here:

Reminder: BC’s Securing Small Business Rebate Program Open Now

The BC Government’s $10.5-million Securing Small Business Rebate Program is designed to ease the financial burden on small businesses like you—who are bearing the brunt of a staggering increase in vandalism, theft, and property crime. To help ease the pain, BC’s small business owners are now eligible to be reimbursed up to $2,000 per business for costs incurred due to vandalism. Businesses may also claim up to $1,000 for preventative measures such as security cameras. 

Applications are open until Jan. 31, 2025 and are retroactive to Jan. 1, 2023 to cover any costs incurred over the year. 

This rebate is offered at a first-come, first-served, basis. As such, we encourage members to apply as soon as possible. 

Click here for more information.

Guide & Service Dogs in Your Establishment: What You Need to Know

Guide dogs and service dogs are more common in our community these days. You and your team may be uncertain about your rights and obligations.

BC's Guide Dog and Service Dog Act (GDSDA) outlines the responsibilities of patrons, employees, and a business when it comes to guide dogs and service dogs. This Act defines a "guide dog team" as a blind person and a guide dog that are certified as a guide dog team, while a "service dog team" is defined as a person with a disability and service dog that are certified as a service dog team.

One of the key points from the GDSDA is that guide dog teams, service dog teams, or dog-in-training teams MAY NOT be denied access and to a place or building that is available to the public or that the public has access to (i.e., restaurants, pubs, cannabis retail). The team must be treated respectfully as any other patron or customer of the business.

While certification is VOLUNTARY under the GDSDA, there are a couple of certification programs such as the IGDF and the ADI accredited schools

What if the dog companion is having an off day and not behaving well in your establishment? Does this mean that you, your staff, and other patrons/customers have to accommodate? Not necessarily. 

The GDSDA states that any person of this “team” are permitted to access all public spaces (including restaurants, dining establishments), provided that the team ensures: 

1) the dog doesn’t occupy a seat;

2) AND the dog is on a leash/harness.

Additionally, BC's Rights & Responsibilities of Business & the Public points out that if the guide/service dog is disruptive then the team may be refused access/asked to leave.

One thing to keep in mind: the dog team can file an official complaint against you for wrongful denied access — vice versa you could file also file a complaint against a team for false representation, both of which are a $3,000 CAD fine.

What does this mean for you and your team? Especially if certification is voluntary?

Simply put, it is best to train your staff to address this particular situation in a professional manner and instruct your employees to wait and observe the behaviour of the dog before taking any actions.

For more resources on this topic:

go2HR: Recruitment Strategy Through an Equity, Diversity & Inclusion (EDI) Lens

go2HR is a regular contributor to the ABLE BC Cannabis Industry Update newsletter, providing tips and guidance on current HR trends, new legislation, employee recruitment and retention, and more. To read the latest instalment, sign in to the member portal or sign up for the newsletter.

Out and About with ABLE BC

We were spoiled jumping into December, as we enjoyed celebrating an early holiday get-together at the Amsterdam Cafe with some industry colleagues of ours.

AND THEN celebrating Bookclub's anniversary the week after!

It was great to see old friends (and meet new ones) as we connected on products, market trends, industry challenges, and more importantly necessary changes in regulations and policy that will help BC's cannabis industry thrive. 

We hope to catch you around as 2023 winds down!

Ann Brydle