BC allows smoking, vaping cannabis on public patios, cannabis stores can now promote places to consume

by Grow Up Conference | Feb 14, 2024 | Media Partners, Stratcann

BC has announced changes to its cannabis regulations that allow retail cannabis stores to promote a place to consume cannabis or to spend time after consuming cannabis. 

Smoking and vaping cannabis on public patios is also now permitted where smoking and vaping tobacco are already allowed, subject to local or Indigenous government bylaws and other rules. 

BC first engaged the public about these proposed changes in 2023 as part of a broader industry outreach initiative.

Previously, these were both specifically not allowed under BC’s regulations. The restrictions on associations with another business in Section 5.1.7 of the CRS and PRS Licensee Handbooks have been removed. The language restricting the promotion of a place to consume cannabis or spend time after consuming cannabis is also removed from the CRS and PRS Licensee Handbooks.

The provincial government notes that cannabis consumption is still not allowed in cannabis stores. Licensees must ensure any cannabis consumption near their store is not within their establishment.

Smoking and vaping are prohibited in all workplaces and indoor public spaces in BC. Tobacco and vapour products can be used on an outdoor hospitality patio, such as the patio of a bar, casino, or café, as long as it is within a buffer zone and there are no open windows, doors or active air intakes between the patio and the hospitality venue.

BC has been increasingly focussing on the issue of consumption spaces and cannabis tourism, launching a province-wide engagement paper last year. The What We Heard report from that engagement process was released in January 2023. The report showed significant public support for consumption spaces, balanced with concerns from law enforcement and public health agencies.

When the proposed changes were first floated in 2023, Jaclynn Pehota, the executive director of the Retail Cannabis Council of BC (RCCBC), told Stratcann that the organization’s members were supportive of the proposed changes regarding cannabis consumption locations in BC. However, she notes that the members are primarily focused on several other industry concerns.

“RCCBC’s members are broadly supportive of leaving decisions specifically related to the appropriateness of cannabis consumption on patios to local governments. It seems reasonable that citizens and their representatives are best equipped to decide how to integrate outdoor cannabis consumption in their communities.”

“Membership welcomes the LCRB regularly revisiting BC’s regulatory framework for cannabis. Regular policy review ensures BC’s framework remains in step with the reality of today’s sector,” she added.

Jeff Guignard, Executive Director of the Alliance of Beverage Licensees (ABLE BC), which also offers services for BC’s retail cannabis sector, says he’s excited by the announcement. 

“This is great news for BC’s cannabis, hospitality, and tourism industries and we’re immensely grateful to our government partners for their support.

“Not only can businesses now promote places to consume cannabis, but the government has also aligned cannabis consumption rules with the rules for smoking or vaping tobacco. Which just makes sense. It gives businesses much-needed flexibility to serve their cannabis-friendly customers.”

“We’re also excited that government is taking further steps toward cannabis consumption lounges, which will create an entirely new dimension for our growing industry,” he adds. “As we discussed with Solicitor General Mike Farnworth recently, we still have a lot of work to do to support legally licensed retailers. But these small steps in the right direction are clear signs that government is listening, and we as an industry are making important progress.”

Cannabis consumption in BC

One cannabis retailer in Cumberland is currently developing a community space that includes an outdoor cannabis consumption area.

British Columbia’s stance on indoor smoking and vaping restrictions has made outdoor consumption spaces like the one in Cumberland an attractive option, says Max Oudendag,, who has been assisting the owner of Cumberland, BC, Trugreen Cannabis, Michael Arneja on the consumption space.

“We’re excited to be in a position to explore how to break down the stigma of cannabis consumption and find a way to integrate that into a healthy community gathering space,” Oudendag told StratCann late last year.

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BC CSU raids cannabis stores on K’ómoks First Nation

by Grow Up Conference | Feb 14, 2024 | Media Partners, Stratcann

BC’s Community Safety Unit (CSU) conducted several raids of cannabis stores operating in K’ómoks First Nation on Wednesday, February 14. 

K’ómoks First Nation is located on Vancouver island near Comox.

BC’s CSU is the provincial agency charged with monitoring and enforcing the province’s retail cannabis rules and regulations. CSU investigators can conduct compliance and enforcement activities against unlicensed cannabis retailers and other illegal sellers across the province.

The raids were first reported by Rob Laurie, a lawyer who represents one cannabis operator, the Buddery House, which was raided by the CSU. Laurie says he received a call late Wednesday morning on February 14, informing him of the raid. He’s aware of at least two other cannabis stores in the area that were also raided. These make-up what he calls a “mini green mile,” similar to other concentrations of cannabis stores on First Nations land. 

Although the province has long taken the position that BC’s Cannabis Act is a “law of general application” that applies to all of British Columbia, including First Nations’ land, the province’s Minister of Public Safety and Solicitor General Mike Farnworth says there is a concern that this interpretation could be “tested” by actions such as enforcement.

In his observation, Laurie says he believes the CSU is increasing enforcement actions of this kind, which he speculates could be related to an election in BC later this year. Some industry groups, as well as opposition members, have challenged the government on what they say has been a lack of enforcement of provincial rules for cannabis stores on First Nations land. 

“They definitely seem to be taking a much more aggressive, and more regular action than in the years leading up to now. Is this really the biggest issue the government should be dealing with, all things considered?”

In Parliament last year, BC Minister of Public Safety and Solicitor General Mike Farnworth said that the CSU has also conducted nine enforcement actions on First Nations reserves in the province, seizing about $12 million worth of products. 

The province also issues fines to illicit cannabis stores if they refuse to close after several warnings and/or seizures. So far, the CSU has issued at least 58 notices of administrative monetary penalty with proposed penalties totalling approximately $39.9 million, with only about $1.45 million of these penalties already collected.

As of January 2024, the CSU has conducted 339 educational visits, and as a result, 232 unlicensed stores have closed. CSU has investigated 1554 websites involved in the illegal sale of cannabis and has disrupted 981 of those websites. 

Under BC’s Cannabis Control and Licensing Act, there are three types of orders issued by the Director of the Community Safety Unit (CSU) with respect to the issuance of administrative monetary penalties (AMPs); Concession Orders, Compliance Orders, and Reconsideration Orders.

A representative with BC’s Ministry of Public Safety and Solicitor confirmed with StratCann via email that the CSU “conducted enforcement” on February 14, 2024, but was unable to provide information or comment on any specifics regarding action taken by the CSU. They did not answer if they had been invited to the community by K’ómoks First Nation leadership.

The representative said that BC’s Cannabis Control and Licensing Act (CCLA), is a law of general application that applies across B.C., including on lands governed by First Nations.

“All along, the aim has been to achieve voluntary compliance; however, we have been very clear that CSU will employ a progressive enforcement approach against those who continue to operate without a licence. Escalation of enforcement action is determined on a case-by-case basis and considers factors such as public safety, the integrity of the legal market, and partner and community concerns. To legally sell retail cannabis products in B.C., retailers must obtain a licence from the Liquor and Cannabis Regulation Branch (LCRB).”

StratCann also reached out to three of the targeted cannabis stores, and K’ómoks First Nation, for comment. None were available as of press time.