After Gov. Gavin Newsom vetoed a previous version of the legislation last year, California lawmakers are attempting to push through another bill that would legalize cannabis cafes in the state.
Once again, Assemblymember Matt Haney is sponsoring the legislation, Assembly Bill 374, which would allow on-site cannabis consumption at licensed California dispensaries. The bill would also allow the establishments to serve food and non-alcoholic beverages, along with hosting live events so long as they get permission from their local government to do so.
On Monday, the Assembly passed the legislation in a 58-6 vote, and it is now headed to the Senate for further consideration, according to Marijuana Moment. Should the Senate approve the bill, it will head to Gov. Newsom’s desk for final approval.
In October 2023, Newsom vetoed the previous version of the bill, saying he appreciated the legislation’s intent “to provide cannabis retailers with increased business opportunities and an avenue to attract new customers,” though he cited concerns with California legislation to provide a smoke-free workplace to all workers, adding that he encourages the bill’s author to address these concerns with future legislation.
“Protecting the health and safety of workers is paramount. I encourage the author to address this concern in subsequent legislation,” Newsom said in his veto message at the time. “For this reason, I cannot sign this bill.”
Haney said that the new legislation “supports our legal small businesses that just want to diversify their businesses and do the right thing” when speaking on the Assembly floor Monday.
“The illicit illegal market is continuing to grow and thrive while our legal cannabis market is struggling,” he said. “Small businesses and local governments that want to authorize simply allowing existing cannabis lounges—which already exist in law—to be able to serve food should be able to do so.”
Haney also addressed Newsom’s concerns surrounding the prior version of the bill, noting multiple amendments—namely a change that would create a separation between public consumption spaces and back rooms of businesses where food is prepared and stored as a means to better protect the health of workers.
Additionally, the amended bill would allow local governments to opt out of allowing cannabis cafe operation rather than automatically legalizing consumption lounges across California.
The bill also says that hemp-based food and drink items would not be categorized as “non-cannabis products” to be sold at cafes. Additionally, the bill would require all non-cannabis items to be stored and displayed in separate, distinct spaces from all cannabis and cannabis-infused products on a given property.
Cannabis cafes—or rather the lack of them—have been a hot topic since adult-use legalization began to spread across the states. With public consumption outlawed, and especially for tourists who may not have a private residence to enjoy cannabis, many are left without legal options to enjoy the products in the same way that consumers can go to a bar or concert and drink alcohol.
Many have argued that the lack of public consumption spaces for cannabis keep long-standing stigmas alive and that legalizing spaces for folks to enjoy cannabis together will help to strengthen the legal market and cannabis community while also combating the illicit market.
That’s not to say that these spaces don’t exist. Consumers can likely find a number of venues that allow for cannabis vaping and smoking on an outdoor smoking patio generally made for tobacco use. Given the lack of public spaces to legally consume cannabis, it’s not uncommon to see folks lighting up in public spaces despite the fact that it is technically unlawful.
Some businesses have found workarounds to allow for legal cannabis consumption on-site, though they often utilize a private membership or reservations and are not effectively public spaces.
It’s not yet clear if the newest version of the bill has been altered enough to satisfy Newsom, but this latest effort provides some solace that Californians may be able to enjoy a public smoke sesh with friends in a consumption lounge in the near future.
