The CSU may seize or destroy any cannabis that is suspected to be possessed or sold in contravention of the CCLA. The CSU does not enforce against operators who hold a provincial cannabis retail sales licence. Licensees may contact the Liquor and Cannabis Regulation Branch.
This page provides a summary of the Cannabis Seizure Policy (PDF, 704KB).
Under Section 105 of the Cannabis Control and Licensing Act (CCLA), CSU Officers may seize cannabis if they have reasonable grounds to believe section 15 (sale of cannabis) or section 18 (production of cannabis) has been contravened. If cannabis is seized by the CSU, a person can:
The CSU Director or delegate will review the application and if accepted, will advise the applicant of a deadline to provide submissions.
The CSU director or delegate will then determine in a Section 105 hearing, if the cannabis seized was possessed by the person in contravention of this Act or the regulations.
Individuals or corporations (or their authorized representative) have 30 calendar days from the day of seizure to submit a completed:
Completed application forms should provide evidence that the cannabis seized was lawfully possessed. Additionally, the applications must be:
Applications for return of seized cannabis will be rejected if the form:
Once an application form has been received and accepted, the CSU will provide applicants with a start date for the application review along with a CSU disclosure package.
If two or more applications regarding a seizure from a single location or same person(s) are received, the CSU may:
Applications related to seized cannabis that is the subject of an ongoing prosecution, including violation tickets, may not be reviewed until legal proceedings are complete.
The CSU will provide applicants with a disclosure package. A disclosure package includes:
Additional submissions or evidence, if applicable, can be sent to the CSU within 30 calendar days from the date that the applicant is deemed to have received the disclosure package. Submissions received more than 30 days later may not be accepted.
The Director will review the Application for the Return of Seized Cannabis, the submissions and evidence provided by the applicant, and the disclosure package. Following this review, the Director will provide the applicant with a written decision with respect to whether the cannabis seized was possessed by the person in contravention of the CCLA and its regulations.
If the decision is made to return the seized cannabis, the cannabis will be delivered to the applicant as soon as reasonably possible.
In the event the cannabis to be returned is destroyed, the CSU will provide applicants with compensation. Compensation is determined in accordance with Part 5.1 of the Cannabis Control Regulation.
If the destroyed cannabis was purchased by applicants, compensation can be determined using the price at the time of purchase. However, applicants must be able to prove the purchase price in a manner acceptable to the CSU.
As per section 126 of the Cannabis Control and Licensing Act, if the decision is made to not return the seized cannabis, applicants may request a judicial review within 30 calendar days of written notice of the decision date.