Activities with cannabis samples: Requirements
On this page
- Storage requirements
- Distribution requirements
- Documents and records
- Employees, agents, mandataries and contractors
- Compliance and enforcement
Storage requirements
You must ensure you store all cannabis at the site specified in your licence. You cannot store cannabis:
- at any location other than the site that is licensed by Health Canada
- at a dwelling-house (permanent or temporary residence)
For example, you cannot store cannabis samples at your employee's or a contractor's home, or at an office building that is not identified on your licence.
Learn more:
For the requirements related to:
- authorized activities conducted at the approved site, refer to:
- section 39 of the Regulations
- the activities authorized by your licence
- dwelling-house, refer to section 40 of the Regulations
Distribution requirements
When you distribute cannabis, you must have appropriate security measures and access controls to:
- mitigate diversion risks during distribution
- take any steps necessary to ensure the safekeeping of cannabis when you distribute it
To ensure product integrity and to prevent unauthorized access, these measures should include:
- regular audits
- access restrictions
- tracking procedures
Cannabis in transit
You must store all cannabis, including samples, at the site specified in your licence. However, we recognize that during transit, you may need to temporarily hold cannabis samples at other locations, including:
- at third-party logistics providers (for example, couriers, PO boxes) or warehouses as part of a documented distribution plan
- in secured vehicles (such as transport trucks) during deliveries
When you hold cannabis temporarily in such locations, it should be for a limited period.
- A period of time is not strictly defined. However, it should be limited to what is necessary for cannabis to continue to its final destination, considering factors such as:
- location of the final destination
- security needs
- logistical considerations related to your business practices
- You must not hold cannabis samples for an indefinite period at distribution centers or warehouses which are not authorized to store cannabis. This includes situations where you have not identified the final destination for the cannabis.
- You must never store or temporarily hold cannabis at a dwelling-house (permanent or temporary residence).
Learn more:
For the requirements related to:
- safekeeping during distribution, refer to section 47 of the Regulations
- authorized activities conducted at the approved site, refer to:
- section 39 of the Regulations
- the activities authorized by your licence
- dwelling-house, refer to section 40 of the Regulations
Documents and records
It is your responsibility to ensure that you maintain processes and records to demonstrate that your activities with cannabis are compliant. This includes, giving cannabis samples.
The following are examples of some of the record keeping requirements that apply to cannabis samples.
- You must ensure traceability of all distributed cannabis samples. You must keep records that allow for prompt identification and retrieval in the event of a recall, theft or loss. This includes the name of the person and the address of the place where you distributed the samples to.
- You must also consider the necessary details within your system of control to enable a rapid and complete recall.
- Records must be available for audit in a timely manner.
Learn more:
For the requirements related to:
- recall, refer to subsection 46(1) of the Regulations
- having records available for audit in a timely manner, refer to paragraph 221(a) of the Regulations
- information that you must keep for the sale, distribution and export of cannabis, refer to subsection 227(1) of the Regulations
- system of control for recalls, refer to subsection 235(1) of the Regulations
- theft or loss of cannabis, refer to section 246 of the Regulations
- all other retention of documents and information, refer to Part 11 of the Regulations
Employees, agents, mandataries and contractors
Under the Cannabis Act (the Act), employees, agents, mandataries, and contractors of licence holders may conduct activities with cannabis. This is as long as those activities are:
- part of their employment duties, role, or contract
- carried out under the conditions that apply to the licence holder
The examples in this document that refer to employees also apply to agents, mandataries and contractors.
Your employees can give a cannabis product to a cannabis retailer in certain circumstances. Your employee can only:
- give cannabis, including samples, if it is a cannabis product
- give a cannabis product if it is being done as part of their employment
- give a cannabis product to a cannabis retailer's employee who is acting in their work capacity
You are still responsible for all cannabis activities conducted by employees, agents, mandataries and contractors on your behalf. For example:
- If you use a contractor to distribute cannabis samples, you are responsible for ensuring:
- the contractor's processes meet regulatory requirements
- you maintain appropriate records and make them available by request
- Your employees may distribute cannabis samples directly from your site or pick up samples from a third-party location before travelling to the final destination.
- Your employees may possess cannabis samples for as long as may be reasonable to reach the final destination, depending on mode of transportation and distance travelled.
- Your employees or contractors may only conduct activities with cannabis at your licensed site. This does not include distribution, destruction or antimicrobial treatment of cannabis. In other words, you cannot package, label or store cannabis off-site or have a third-party to do so at another location.
For the requirements related to:
- employees, agents and mandataries, and contractor refer to section 71 of the Act
- authorized activities conducted at the approved site, refer to section 39 of the Regulations, and to the activities authorized by your licence
Compliance and enforcement
When inspectors assess your compliance with the requirements related to activities with cannabis samples, they may verify the following:
- whether cannabis samples meet all packaging and labelling requirements before you distribute it
- whether you can distribute cannabis and if it is distributed to authorized individuals
- the quantity and frequency of cannabis sample shipments
- how long cannabis remains at a third-party location before reaching its final destination
- whether you have an established distribution plan for the cannabis samples
- whether the security controls are adequate to prevent unauthorized access or diversion
- whether any location where you store or temporarily hold cannabis during distribution is a dwelling-house
- the final destination of cannabis samples to ensure you only distribute them to authorized individuals
- in what context you provided samples
When Health Canada identifies non-compliance, we will take compliance and enforcement action that is appropriate to the impact of the non-compliance in each case. These actions are guided by the Compliance and enforcement policy for the Cannabis Act.
You are encouraged to assess your practices and take proactive measures to ensure compliance with all applicable requirements.
Other federal, provincial or territorial legislations may apply to these activities (for example, the Excise Act, 2001). You are responsible for understanding and complying with all relevant provincial and territorial requirements. You should consult with the appropriate authorities as needed.
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