California Law Could Make Cannabis Cafes a Reality

If you are interested in cannabis culture, you’ve probably heard of the famous “cannabis cafes” and “coffee shops” where locals and tourists alike go to buy and smoke marijuana while in Amsterdam. These icons are one of the top attractions of the Dutch city and have been a part of the local landscape for almost half a century since the Netherlands decriminalized cannabis for personal use. Marijuana is not technically legal in Amsterdam. However, decriminalization and a “tolerance policy” regarding soft drugs means cannabis coffeehouses have been allowed to grow and flourish. The law lets residents and cannabis tourists alike buy and smoke marijuana in a comfortable and relaxed environment.

Sunny California and historic Amsterdam may not have much in common at first blush. However, it seems that may change as California looks to introduce Dutch-style cannabis cafes to its landscape. The passing of a new law opens the door to the introduction of cannabis lounges: establishments where marijuana dispensaries can prepare and serve food, non-alcoholic drinks, and, of course, cannabis.

California Law Paves the Way for Cannabis Cafes

Marijuana may be legal in California, but laws restrict cannabis connoisseurs to prepackaged edibles and beverages. That may be about to change after the passage of Assembly Bill 1775. The new measure would go  into effect on January 1st, 2025. It would allow California cities and municipalities to permit dispensaries to prepare and serve hot food and non-alcoholic drinks. The bill would also allow those businesses to host live performances like concerts and shows. The result of the legislation? Perhaps the birth of cannabis cafes. These businesses would cater to and welcome cannabis enthusiasts, encouraging them to kick back and stay awhile.

What It Says

Supporters of the measure suggest cannabis cafes may be just the thing the Golden State needs to invigorate both the cannabis industry and local nightlife. They argue it would create unique spots where people can gather and enjoy themselves. The COVID-19 pandemic dimmed the lights on many local joints, shuttering bars, clubs, and areas for young people to gather and have fun. In some areas, the club scene has yet to fully recover. Local news organizations tout the decline of after-hours, downtown hot spots.

Allowing municipalities to add a new type of recreational spot could give them the shot in the arm they need to bring people back to downtown areas. Supporters say it would boost local tax bases. It may also jolt the struggling marijuana industry, which has been undermined by competition from illegal black-market sellers, bargain basement prices, and sky-high taxes. Assemblymember Matt Haney (D-San Francisco) says that cannabis cafes could be the waves of the future. He hopes they can beat back the illegal drug market in the state.

Customers can smoke and vape in many dispensaries. However, businesses in California may only sell prepackaged edibles and drinks, not necessarily an environment conducive to hanging out with friends for a few hours chatting.

Not Everyone Is on Board with Cannabis Cafes

The legislation may have passed, but not everyone in California is on board with cannabis cafes. The bill received support from the United Food and Commercial Workers union. However, the American Cancer Society and other public health organizations are expressing concerns about the concept. They worry secondhand marijuana smoke can lead to significant health issues and has higher particulate levels than tobacco smoke.

Jim Knox, the California managing director for the American Cancer Society, suggests that moving ahead with the measure could mean unraveling the decades of work it has taken to create smoke-free workplaces and communal areas and rolling back critical public health protections. He calls the legislation a “big step backward” for the health and safety of Californians.

The organization released a statement saying that California Gov. Gavin Newsom (D) and the California Legislature have failed to protect the health of California residents, turning marijuana dispensaries into “restaurants” that allow smoking. They also remind people that marijuana smoke contains many cancer-causing agents and can lead to cardiovascular diseases, lung irritation, cancer, and asthma attacks.

The State of Play

Gov. Newson previously vetoed a similar measure because he also had concerns about the risks of secondhand smoke exposure on food services workers and other patrons. However, the new law does include language that mandates that cities that want to allow cannabis cafes must impose ventilation standards as a condition for a cannabis café permit. Ventilation systems must be powerful enough to prevent “smoke and odors from migrating to any other part of the building hosting the consumption lounge or any neighboring building or grounds.”

The measure also gives cannabis café workers the right to wear respirator masks that their employers must pay for. Employers would also have to include secondhand smoke in injury and illness prevention plans, as required by California labor law. Concerned individuals like Knox say that’s not enough to protect people, and the inclusions underscore the public health risk posed by secondhand smoke.

Looking to the Future

In his signing message, Gov. Newson says, “While I am signing this bill, any future measure that diverges from this tailored approach will not be looked upon favorably. If adequate protections are not established at the local level, it could necessitate reconsideration of this limited expansion.”

Come January 1st, California municipalities will decide whether to allow the operation of cannabis cafes within their borders. We will have to wait to seee whether the concept triggers a new renaissance in nightlife and entertainment or compromises public health and safety. There is also the open question of which dispensaries have the capital to change their business model, add workers, apply for permits, and ramp up hot food preparation and service.

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