A hazy rollout of new rules surrounding the promotion of cannabis products has left some Edmonton-area retailers feeling perplexed.Starting on Oct. 17, any public advertisement for cannabis products or retailers can legally have a surface area no larger than 300 square centimetres — though it remains unclear what exactly this restriction applies to.
For reference, the surface area of a standard piece of printer paper is just over 600 sq. cm.
The new regulations were finalized by Health Canada in June. On Monday, the Alberta Gaming, Liquor and Cannabis Commission (AGLC) sent a bulletin to retailers in the province to inform them of the new rules.
The AGLC confirmed that storefront signs would not be affected by the new rules, but deferred to Health Canada for confirmation on whether other types of displays were permitted.
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“AGLC has not received clarification from Health Canada regarding the use of vehicle wraps and billboards and has been encouraging retailers to reach out to Health Canada as well,” said AGLC communications manager Heather Holmen in an email.
In an email to Postmedia, Health Canada cited the Cannabis Act’s definition of ‘promote’ as a representation “that is likely to influence and shape attitudes, beliefs and behaviours about the thing or service.” The email went on to confirm that storefront signs are not considered promotional in nature and therefore would not be impacted.
Both Health Canada and AGLC declined requests for interviews.
Clarence Shields, who owns Northern Lights Supply, a cannabis dispensary in Nisku, says he was originally told by AGLC that all external signage would have to comply with the new size restriction.
“For us, it tends to be confusing, because we never know for sure what the rules are, because they keep changing,” Shields said. “And I think AGLC is in the same spot (as us), because Health Canada makes the change and (AGLC) could not be aware of it.”
Retailers say they want to hear about what their expectations are directly from the federal regulatory body to avoid feeling left in the dark.
“I think it’s unfortunate that retailers in the industry have not received these (new regulations) directly from Health Canada,” said Chris Boliver, the vice-president of strategic growth for
“For example, we learned of this via a post on LinkedIn. What we’re seeing is there’s no communication to licensees. As well, the provincial regulators remain pretty unclear on the interpretation of the enforcement of promotional restrictions.”
Shields says he’s sunk a considerable amount of money into promotional material that he’s worried won’t be permitted come Oct. 17, including for a vehicle wrap for a company van and a billboard on his property. If these items are no longer permitted, he estimates his business will take a five-figure hit as he works to comply with new rules.
Bolivar argues that advertising already in place that doesn’t align with the new rules should be grandfathered out. Failing that, he’d like to see the government compensate businesses as they adjust to the new size limit.
“If there’s not a grandfathering piece in place, I think it would be reasonable for there to be compensation for the fact that these decisions were made under the current legislative framework, and now that framework has changed,” he said.
New rules for cannabis advertisements also require any letters, number or character displayed in public to have a maximum height of four cm.
Other restrictions on the promotions prohibit advertising in a manner or a place that appeals to minors, evoking positive or negative emotions and including testimonials or information about price or distribution.
