On June 19, 2019, the Community Safety Unit (CSU) attended a storefront operating as “S&M Medicinal Sweet Shoppe” (Sweet Shoppe) located at 706 Gibsons Way, in the Town of Gibsons, BC, 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.
On February 18, 2020, CSU Officers conducted a second section 89 inspection at Sweet Shoppe. During this Enforcement Inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.
On December 15, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty (NAMP), proposing to impose an administrative monetary penalty on S&M Medicinal Sweet Shoppe Ltd.
On June 8, 2023, the Deputy Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Deputy Director concluded that S&M Medicinal Sweet Shoppe Ltd., was selling cannabis in contravention of the CCLA. The Deputy Director exercised her discretion under section 94(1) of the CCLA and imposed an administrative monetary penalty on S&M Medicinal Sweet Shoppe Ltd., 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. The Deputy Director calculated the retail value of the cannabis that was possessed for the purpose of sale was $52,936.93 and therefore, the administrative monetary penalty imposed on S&M Medicinal Sweet Shoppe Ltd. is $105,873.86.