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Can Cannabis Stores Rosin Press or Roll Joints using Cannabis Purchased by a Customer?

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Did you know? Cannabis stores in Ontario can provide services like rosin pressing and joint rolling to customers who buy cannabis from them?!

You could even argue that the same policy allows stores to mix ingestible cannabis extracts (like dissolvable powder) into (complimentary) non-cannabis beverages for their customers.

Well, there are some caveats.

Since 2020 (and perhaps before that), the The Alcohol and Gaming Commission of Ontario has taken the position that authorized cannabis retail stores can provide rosin pressing and other “value-added services.”

Their position, as was originally stated to me by an AGCO eligibility officer, is that, “all standards and regulations must be complied with in the store. This would include not charging for the service, not using the service as an inducement for the sale of additional cannabis product, and not providing the service until after the sale of cannabis has been completed.”

The only problem? These activities very likely constitute production under the federal Cannabis Act, and the only entities that can do this kind of production are federal Processing licence-holders – but even then the activity is still likely not consistent with the authority provided by their licences and all the Cannabis Regulations provisions that need to be met for a consumer sale of cannabis. That means that any stores that do this are essentially breaking the law.

Doh!

During Health Canada’s public consultation in early 2023 about how they can reduce industry burdens — in particular their enquiry as to whether there were any activities with cannabis that should be permitted to take place without a licence, I brought this up in my submission, proposing that Health Canada should permit provincially-authorized retailers to conduct activities with cannabis that otherwise require a processing licence, as long as they are authorized by the jurisdiction to do so, the services aren’t used as an inducement and are to be conducted entirely at the point of sale. You could even tack on a prohibition on the use of solvents and other provisions to further control it. This would also help privately-run stores in their jurisdictions differentiate themselves and enhance their revenue.

Of course, I think that proposal would make Health Canada’s collective head spin, so it’s unlikely it will be done. How can GPP be ensured? What if there are no SOPs?!

But then again, someone’s got to do something about it.

As of November 21, 2023 AGCO has told me that their “value-added services” policy has NOT changed.

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