Community Safety Unit orders issued

Under the 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 imposition of administrative monetary penalties (AMPs):

For a list of AMPs issued by the Director of the CSU, see Administrative monetary penalties (AMPs) issued.

Concession Order

A Concession Order is issued by the Director when a person responds to a Notice of Administrative Monetary Penalty (NAMP) by signing a waiver.

Important: 

By signing the waiver, the person admits to the contravention in the NAMP, waives the opportunity for an administrative hearing and accepts a monetary penalty in an amount equal to the retail value of the cannabis that the person sold, possessed for the purpose of sale or produced in contravention of the Cannabis Control and Licensing Act.

Compliance Order

If a person does not sign a waiver in response to a NAMP, an administrative hearing is held and the Director may issue a Compliance Order.

A Compliance Order imposes a monetary penalty in an amount equal to 2 times the retail value of the cannabis that the person sold, possessed for the purpose of sale or produced in contravention of the Cannabis Control and Licensing Act.

Reconsideration Order

If a person applies for a reconsideration of a Compliance Order and the application is accepted, a Reconsideration Order is issued by the Director.

A Reconsideration Order confirms, varies or rescinds the Compliance Order.


Administrative monetary penalties (AMPs) issued

Includes Orders issued up to April 8, 2022

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.

 

Blayne Poirier and Richard Stagg

Orders Issued: Two Compliance Orders of $36,952.66

On July 16, 2019, the Community Safety Unit (CSU) attended at a storefront operating as “Canna Cabana” at 5638 Highway 97, in the Regional District of Okanagan Similkameen near Oliver, BC (Canna Cabana) 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 October 29, 2019, CSU Officers conducted a second section 89 inspection at Canna Cabana. During this enforcement inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA (the Seized Cannabis).

On May 28, 2020, the Director of the CSU issued Notices of Administrative Monetary Penalty (NAMP), proposing to impose administrative monetary penalties on Richard Stagg and Blayne Poirier, based on the enforcement inspection.

On November 30, 2021, after a written hearing involving the participation of the NAMP recipients, the Deputy Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Deputy Director concluded that the seized cannabis was not medical cannabis as defined in the Cannabis Control Regulation, Part 3 of the Cannabis Control and Licensing Act (CCLA) applies, and Blayne Poirier and Richard Stagg were selling cannabis in contravention of the CCLA.

The Deputy Director exercised her discretion and imposed an administrative monetary penalty on each of Richard Stagg and Blayne Poirier, after considering the statutory purposes of the CCLA and the absence of mitigating factors (including no breach of procedural fairness and no Charter values being engaged).

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 found that there was no evidence of cannabis sold or produced, and therefore the administrative monetary penalty was 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 $18,476.33 and therefore Richard Stagg and Blayne Poirier were each issued an administrative penalty of $36,952.66.

 

Preetinder (Sunny) Bhayana

Order Issued: Concession Order

Preetinder (Sunny) Bhayana sold cannabis or possessed cannabis for the purpose of sale without a non-medical retail store license between May 9, 2019 and October 2, 2019, inclusive. The Herb Co. located at 779 Kingsway, Vancouver, BC did not hold a non-medical cannabis retail license from the Liquor and Cannabis Regulation Branch. 

On November 3, 2021 Preetinder (Sunny) Bhayana signed a waiver expressly and irrevocably:

  • Admitting to selling cannabis in contravention of section 15 of the Cannabis Control and Licensing Act as set out in the Notice of Administrative Monetary Penalty, NAMP-2021-12592 dated August 25, 2021 (the NAMP)
  • Accepting the monetary penalty of $156,784.50 [One-hundred fifty-six thousand seven-hundred eighty-four dollars and fifty cents] as set out in the NAMP
  • Waiving the opportunity for an administrative hearing in respect to the NAMP

 

Canadian Weeds Cannabis Society

Order Issued: Concession Order

Canadian Weeds Cannabis Society sold cannabis or possessed cannabis for the purpose of sale without a non-medical retail store license between July 31, 2019 and September 4, 2019, inclusive. The retail cannabis store (which has been known as or referred to as “Da Kine Weed Glass and Gift”, “Weeds Glass and Gifts”, “Weeds” and “Boomer’s Bud”) located at Unit 107 – 1295 12th Street, in the City of Kamloops, BC did not hold a non-medical cannabis retail license from the Liquor and Cannabis Regulation Branch. 

On July 20, 2021, Canadian Weeds Cannabis Society signed a waiver expressly and irrevocably:

  • Admitting to selling cannabis in contravention of section 15 of the Cannabis Control and Licensing Act as set out in the Notice of Administrative Monetary Penalty, NAMP-2021-43449 dated June 7, 2021 (the NAMP).
  • Accepting the monetary penalty of $65,716.24 [Sixty-five thousand seven hundred sixteen dollars and twenty-four cents] as set out in the NAMP
  • Waiving the opportunity for an administrative hearing in respect to the NAMP

 

Bryan Raiser

Order Issued: Concession Order

Bryan Raiser sold cannabis or possessed cannabis for the purpose of sale without a non-medical retail store license between June 12, 2019 and November 5, 2019, inclusive. 99 North Enterprises Ltd. located at 37768 Second Avenue, Squamish, BC did not hold a non-medical cannabis retail license from the Liquor and Cannabis Regulation Branch.

On March 9, 2021 Bryan Raiser signed a waiver expressly and irrevocably:

  • Admitting to selling cannabis in contravention of section 15 of the Cannabis Control and Licensing Act as set out in the Notice of Administrative Monetary Penalty, NAMP-2020-43074 dated December 1, 2020 (the NAMP)
  • Accepting the administrative monetary penalty of $444,027.49 [Four hundred, forty-four thousand, twenty-seven dollars and forty-nine cents] as set out in the NAMP
  • Waiving the opportunity for an administrative hearing in respect to the NAMP

 

Diana Bridge

Order Issued: Concession Order

Dianna Bridge sold cannabis or possessed cannabis for the purpose of sale without a non-medical retail store license between May 29, 2019 and September 4, 2019, inclusive. Ocean Grown Medicinal Society located at 1-1725 Cook Street, Victoria, BC did not hold a non-medical cannabis retail license from the Liquor and Cannabis Regulation Branch.

On February 5, 2021 Dianna Bridge signed a waiver expressly and irrevocably:

  • Admitting to selling cannabis in contravention of section 15 of the Cannabis Control and Licensing Act as set out in the Notice of Administrative Monetary Penalty, NAMP-2020-91770 dated December 14, 2020 (the NAMP)
  • Accepting the administrative monetary penalty of $12,042.00 [Twelve thousand, forty-two dollars and zero cents] as set out in the NAMP
  • Waiving the opportunity for an administrative hearing in respect to the NAMP

 

Alex Robb

Order Issued: Concession Order

Alex Robb sold cannabis or possessed cannabis for the purpose of sale without a non-medical retail store license between May 29, 2019 and July 31, 2019, inclusive. Trees of Eden Island Grown located at 695 Alpha Street, Victoria, BC did not hold a non-medical cannabis retail license from the Liquor and Cannabis Regulation Branch.

On April 29, 2020 Alex Robb signed a waiver expressly and irrevocably:

  • Admitting to selling cannabis in contravention of section 15 of the Cannabis Control and Licensing Act as set out in the Notice of Administrative Monetary Penalty, NAMP-2019-001002 dated January 20, 2020 (the NAMP)
  • Accepting the monetary penalty of $771,557.50 [Seven hundred seventy-one thousand, five hundred fifty-seven dollars and fifty cents] as set out in the NAMP
  • Waiving the opportunity for an administrative hearing in respect to the NAMP