Health Canada has clarified that cannabis producers can legally provide samples of their products to provincially or territorially authorized retailers and their employees, as long as they comply with federal and provincial regulations. This confirmation comes after some confusion and concerns were raised online about the legality of such practices.
Sampling is a common and effective marketing tool
Cannabis producers often use product sampling as a way to educate and market their products to retailers and their employees, who are also known as budtenders. Budtenders play a key role in influencing consumer choices and preferences, as they interact directly with customers and provide them with information and recommendations.
Product sampling has proven to be an effective educational and marketing tool for producers that respects the policy objective of not inducing consumers, according to Trina Fraser, a lawyer who specializes in serving the cannabis industry. She says that sampling allows budtenders to experience the products first-hand and provide honest and accurate feedback to customers.
Sampling is allowed by federal and provincial rules
Despite some concerns posted online recently, Health Canada has confirmed that cannabis producers are not prohibited from providing a sample of cannabis to a provincially or territorially authorized retailer or their employees. In an email to StratCann, a representative of Health Canada affirms that federally licensed cannabis producers can legally provide samples to retailers and employees, as long as they follow the applicable packaging and labeling rules and Good Production Practices, which are the same as any cannabis product they sell.
However, Health Canada also notes that such samples must be approved by the provincial regulatory authorities, who may have additional legislation that relates to this type of activity. StratCann also emailed four provinces that have created rules to allow product sampling: British Columbia, Alberta, Saskatchewan, and Ontario. All except Saskatchewan have confirmed with StratCann that such sampling is compliant with their own rules. Saskatchewan has yet to reply as of press time.
Sampling has been allowed for some time
Product sampling has been allowed for some time, with Ontario and Saskatchewan allowing it since legalization began in 2018, and Alberta and British Columbia allowing it beginning in 2023. Health Canada even issued its guidance on cannabis product sampling in 2020. However, after one lawyer who specializes in serving the cannabis industry posted an email exchange with the federal health agency, there were some concerns that Health Canada was stating that such practices were not allowed under federal law.
Harrison Jordan, the lawyer who posted the email exchange, says he initially reached out to Health Canada to inquire about cannabis producers providing samples to their employees, an activity that is not allowed. In the email exchange he posted online, though, some, including Jordan, were concerned that Health Canada was also saying that cannabis producers could only provide product samples to store owners, not their employees, and that these samples could not be consumed.
As the practice of cannabis producers providing samples to retail employees is a common one, with some events built specifically around this practice, the ramifications of such an interpretation could have been significant. However, Health Canada has now clarified that this is not the case and that sampling is allowed under certain conditions.