“Trade Sample” means a limited amount of cannabis or cannabis product that has been designated by a licensee to be provided to the licensee’s employees or other licensees for the purposes of targeted advertising and product education. Cannabis or cannabis products that have been designated as trade samples may be provided from one licensee to another licensee for the purpose of providing the recipient licensee with product information to aid in making purchasing decisions about new or existing cannabis or cannabis products. The section of the Department of Cannabis Control (DCC) regulations that pertains to Trade Samples is §15041.2. View the full regulation text.
Review the FAQ
Q: What can be designated as a Trade Sample?
A: Almost all products can be designated as Trade Samples including, Dried Flower, Manufactured and Non-Manufactured Cannabis products, Seeds, and Immature Plants.
Q: What cannot be designated as a Trade Sample?
A: Mature plants cannot be designated as trade samples. Immature plants, seeds and propagated material shall only be designated or provided to licensees as trade samples by licensed nurseries.
Q: How do I designate a Trade Sample in Metrc?
A: For instructions on how to designate a trade sample, please see the Metrc Bulletin released 09/21/2023 titled Trade Sample Designation and Plant Batch Adjustments. Designating a Trade Sample is covered in DCC regulations §15041.3.
Q: Who can designate and provide a Trade Sample?
A: All license types except Cannabis Event Organizers, Distributor Transport Only, and Testing Labs can designate trade samples.
Q: Who can I give Trade Samples to?
A: Trade Samples can be provided to employees of the business or other licensees with some restrictions listed below:
- Retail licenses – Can provide Trade Samples to Employees only and cannot provide them to other licensees.
- Nursery Licenses – Licensed nurseries may only provide trade samples to licensed cultivators and may not provide trade samples to their own employees.
- Cannabis Event Organizer Licenses – Cannot designate or provide Trade Samples
- Distributor Transport Only Licenses – Cannot designate or provide Trade Samples
- Laboratory Licenses – Cannot designate or provide Trade Samples
Q: What are the requirements for the Trade Samples?
A: Section §15041.5 of the DCC regulations provides the full details what is required for Trade Samples. Below is a summary of these requirements:
- All Trade Samples must comply with applicable laboratory testing and labeling requirements before being provided to an employee or licensee.
- All Trade Samples must be labeled “TRADE SAMPLE. NOT FOR RESALE OR DONATION.”
- After laboratory testing, cannabis and cannabis products designated as trade samples must remain in the packaging until provided to a licensee’s employee for inspection or consumption and must not be opened, resealed, or repackaged in any way.
- Any licensee authorized to engage in distribution activities may transport trade samples.
- Employees transporting cannabis and cannabis products under this subsection shall not transport an amount of cannabis or cannabis products that exceeds the possession limits established in section 11357 of the Health and Safety Code.
- Licensees who receive immature plants, seeds, and propagated material as trade samples shall not sell, give away, or distribute cannabis derived from the cultivated trade sample.
- Propagation of cannabis for the purpose of Trade Samples must comply with all cultivation regulations
Q: What are the limits on Trade Samples?
A: The limits for trade samples are applicable for a set calendar month and are dictated by the item type. See table below for limits or §15041.7 of the DCC Regulations:
Total Trade Samples a license can issue in 30-day period
| Dried Flower | Manufactured / Non-Manufactured Cannabis Products Seeds, Immature Plants, and Other | Seeds, Immature Plants, and Other Propagated Material (Per Strain) |
|---|---|---|
| 2 lbs | 900 Individual Units | 18 Seeds, 12 Seedlings, 8 Cuttings or Tissue Cultures |
Trade Sample limits for each licensee receiving Trade Samples
| Dried Flower | Manufactured / Non-Manufactured Cannabis Products Seeds, Immature Plants, and Other | Seeds, Immature Plants, and Other Propagated Material (Per Strain) |
|---|---|---|
| 5 grams per strain and no more than 6 strains to each recipient licensee | 5 individual units, per cannabis product line and no more than 6 individual cannabis product lines to each recipient licensee | 6 strains to each recipient |
Trade Sample limits received by Employee
- A licensee is limited to providing no more than 1 individual cannabis and cannabis product line to each recipient employee in a calendar month period.
- Additionally, the total amount of Trade Samples provided to a single employee shall not exceed the allowed daily limits established in §15409 of the DCC Regulations.
Q: When providing a trade sample to an Employee, how do I record the transaction in Metrc?
A: Trade samples given to an Employee will be recorded in Metrc as a package adjustment using the Reason Code “Trade Sample”. Per regulation §15041.4, the adjustment note must include the name or licensee-assigned employee number of the employee, the date and time the cannabis or cannabis products were provided to the employee.
Per regulation §15049, a licensee must record having provided another licensee or an employee with trade sample within 24 hours of occurrence.
