A bill that would allow Amsterdam-style cannabis cafes to open in California passed the California Assembly in a 49-4 vote on Monday afternoon and will be sent to the Senate for consideration. But even if the Legislature’s upper chamber approves AB 1775, legalization is far from certain.
Gov. Gavin Newsom vetoed a previous version of the bill in October, citing the state’s longstanding smoke-free workplace protections.
The bill would authorize local jurisdictions to allow licensed cannabis retailers to prepare and sell non-cannabis edibles and non-alcoholic beverages. The bill also allows cafes to host live music and other performances.
Under current state law, consumers can consume cannabis in dispensaries, but dispensaries cannot legally sell non-cannabis products such as coffee and edibles, which are legal in Amsterdam.
California’s symbolic status at the pinnacle of cannabis culture has long rivaled that of the Dutch capital, which has legalized cannabis cafes since the 1970s.
Assemblyman Matt Haney (D-San Francisco), who sponsored the legislation, framed it as a fairness issue. He believes the cafes would level the playing field for the state’s highly taxed and regulated legal marijuana industry, allowing legal businesses to compete with black market sellers who don’t operate under the same restrictions.
“This bill supports our legal small businesses who are just trying to diversify their operations and do the right thing,” Haney said on the floor of the Assembly on Monday. “The illicit market is continuing to grow and thrive, while our legal cannabis market is Struggling.”
Haney cited the governor’s previous vetoes and said he has been working to address Newsom’s concerns through changes to the bill. The new version would prohibit smoking or smoking marijuana in the “backstage” of break rooms where food is being prepared or stored, separating where people consume marijuana from other work areas.
The bill would not take a blunt approach across the state, leaving the decision to allow cannabis cafes to local jurisdictions. If a jurisdiction decides to give the green light to a lounge, it will have to develop its own licensing procedures and regulations.
West Hollywood established a licensing system several years ago and operates several cannabis lounges within the city’s 1.89 square miles. Businesses in West Hollywood have adopted workarounds to separate food establishments, The Times previously reported.
The city of Los Angeles does not have such a permit system.
American Cancer Society Cancer Action Network, American Heart Association. and American Lung Association. All opposed the bill, which raised concerns about the health effects of second-hand marijuana smoke. They argued that the bill would remove hard-won workplace protections “by recreating the harmful workplace environments of the past.”
Marijuana advocacy group Safe Access America argued that because such establishments are tightly regulated, patrons and employees face no health risks.
A spokesman for Newsom declined to comment on the pending legislation.
Staff writer Nathan Solis contributed to this report.
