Charles McCarthy

Order Issued: Compliance Order of $86,915.74

On April 30, 2019, the Community Safety Unit (CSU) attended at a storefront operating as “Boomer’s Bud” located at Unit 107 – 1295 12th Street, in the City of Kamloops for the purpose of conducting an education inspection pursuant to section 89 of the Cannabis Control and Licensing Act (CCLA) and providing education on the seizure authorities and consequences for selling illegal cannabis contained in the CCLA.  The business located at Unit 107 – 1295 12th Street, Kamloops, has been known as or referred to as “Da Kine Weed Glass and Gifts”, “Weeds Glass and Gifts”, “Weeds” and “Boomer’s Bud” (Boomer’s Bud).

On July 31, 2019, CSU Officers conducted a section 89 inspection at Boomer’s Bud (the First Enforcement Inspection).  During the First Enforcement Inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On September 4, 2019, CSU Officers conducted a second section 89 inspection at Boomer’s Bud (the Second Enforcement Inspection).  During the Second Enforcement Inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On June 7, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty, proposing to impose an administrative monetary penalty on Charles McCarthy, based on the First and Second Enforcement Inspections.

On April 8, 2022, the Deputy Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Deputy Director concluded that Charles McCarthy was selling cannabis in contravention of the Cannabis Control Regulation, Part 3 of the CCLA. The Deputy Director exercised her discretion and imposed an administrative monetary penalty on Charles McCarthy, after considering the evidence before her and the statutory purposes of the CCLA.

Pursuant to section 94(2)(a) of the CCLA, the amount of the administrative monetary penalty is equal to two times the retail value of the cannabis that was sold, possessed for the purpose of sale or produced in contravention of the CCLA, as determined by the Director.  There is no evidence of cannabis sold or produced, and therefore the administrative monetary penalty is equal to two times the retail value of the Seized Cannabis (i.e., the cannabis possessed for the purpose of sale in contravention of the CCLA).  The Deputy Director concluded the retail value of the seized cannabis was $43,457.87 and therefore the administrative monetary penalty is $86,915.74.