Security and frosted windows greet customers at B.C.’s first government cannabis store in Kamloops. (B.C. government photo)

Security and frosted windows greet customers at B.C.’s first government cannabis store in Kamloops. (B.C. government photo)

B.C. woman files lawsuit after high-THC cannabis product mislabelled

The spray she bought was labelled high CBD and low THC, but ingredients were the opposite, said Kimberly Webster.

  • Nov. 30, 2018 12:30 p.m.

–– Kamloops This Week

A Kamloops woman is suing BC Cannabis Stores, alleging a product she bought the day after legalization was mislabelled — a mix-up she claims left her “unable to perform her duties” as a student at Thompson Rivers University.

“It’s unfair,” Kimberly Webster told Kamloops This Week.

“When you buy something from someone like BC Cannabis Stores, you’re expecting one product and not another. It’s like going to buy cider and coming home with Everclear.”

The 27-year-old’s notice of civil claim was filed in B.C. Supreme Court on Tuesday.

In addition to BC Cannabis Stores, it lists the B.C. Liquor Distribution Branch — the distributor of cannabis in the province — and Hexo Operations, the producer of the product.

According to the document, Webster purchased a product labelled as Hexo CBD Oral Spray — a product high in CBD and low in THC — from the government store in Columbia Square on Oct. 18.

What she unknowingly received, she said, was the opposite — a spray high in THC and low in CBD.

THC is the psychoactive ingredient in cannabis. CBD offers many of the same effects as THC without those that are mind-altering.

“The defendants failed to warn the plaintiff of the dangers of this product, and … it was mislabelled at the time of purchase,” the notice of claim reads. “The defendants … were negligent in failing to warn the plaintiff.”

Webster, who describes herself as someone largely unfamiliar with the effects of cannabis use, said she and a classmate purchased the spray for academic reasons.

She said they were hoping to write an academic article about labelling on recreational cannabis products.

“We decided we would taste it and it just kind of went from there,” she said.

“We couldn’t stop laughing for anything. Everyone thought we were crazy. I started feeling anxious and, at one point, I was scared of a couch, which is strange.”

READ MORE: Mouldy marijuana recalled in B.C., Ontario

Webster said the incident took place during midterms, noting her grades suffered as a result.

When she received an email from BC Cannabis Stores on Nov. 20 advising her of the labelling mishap, she said, everything clicked.

“I knew there was something off, but I didn’t really know cannabis, so I just went with it,” she said. “But after I got the email, everything started to make a whole lot more sense.”

Neither Hexo, nor BC Cannabis Stores nor the Liquor Distribution Branch have replied to Webster’s claim.

Based in Quebec, Hexo is a company with ties to the Tournament Capital.

Terry Lake, former Kamloops mayor and former MLA and health minister, is the company’s vice-president of corporate social responsibility.

Hexo was co-founded by Adam Miron, now the company’s chief brand officer and a former TRU student who worked in 2005 as a volunteer on Lake’s mayoral campaign.

Contacted by KTW on Thursday, Lake said he could not comment on the lawsuit.

Webster’s claim does not set out a dollar amount. Each defendant has 21 days to reply once they have been served.

Tim Petruk, Kamloops This Week

Like us on Facebook and follow us on Twitter.

Just Posted

Fruit farmers in the Okanagan and Creston valleys are in desperate need of cherry harvesters amid COVID-19 work shortages. (Photo: Unsplash/Abigail Miller)
‘Desperate’ need for workers at Okanagan cherry farms

Fruit farmers are worried they’ll have to abandon crops due to COVID-19 work shortages

Men in a work camp at Mile 46 on the Big Bend Highway. 
(Revelstoke Museum and Archives Photo 2259)
Glimpses of Revelstoke’s past for June 17

Bumper strawberry crop, Mt. Logan climbers and unemployment relief

(File)
‘It’s not going to work here’: Revelstoke mayor to meet province over ambulance changes

There is a new system being introduced across the province called Scheduled On-Call (SOC)

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

The crosswalk is at Third Street and Mackenzie and was installed on June 17. (Liam Harrap - Revelstoke Review)
Painting a rainbow: First Pride crosswalk installed in Revelstoke

‘It signals to the community that this city is inclusive,’ Mayor Gary Sulz

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed Eli Beauregard facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

Starting in 2022, the Columbia Shuswap Regional District is extending dog control to the entire Electoral Area D. (Stock photo)
Dog control bylaw passes in Shuswap area despite ‘threatening’ emails

CSRD board extending full dog control in Electoral Area D starting next year

A North Vancouver man was arrested Friday and three police officers were injured after a 10-person broke out at English Bay on June 19, 2021. (Youtube/Screen grab)
Man arrested, 3 police injured during 10-person brawl at Vancouver beach

The arrest was captured on video by bystanders, many of whom heckled the officers as they struggled with the handcuffed man

Most Read