The American Cancer Society (ACS) is urging California Gov. Gavin Newsom (D) to veto a bill to legalize marijuana cafes in the state that cleared the legislature on Wednesday.
In a statement, the association’s Cancer Action Network claimed the legislation violates provisions of the state’s legalization law that prohibit smoking cannabis anywhere the use of tobacco products are banned, as well as California’s smoke-free restaurant laws. As such, it would “roll back decades of hard-won protections of everyone’s right to breathe clean, smoke-free air,” the group says.
“Nearly thirty years ago, California boldly forged the path to protect everyone from the dangers of secondhand smoke when it became the first state in the nation to prohibit smoking in almost every indoor public space,” Jim Knox, California managing director for the American Cancer Society Cancer Action Network (ACS CAN), said.
“As Americans are now using marijuana at higher rates than cigarettes and alcohol, California has the opportunity to reaffirm its role as a champion for public health. To do so, it must build upon smoke-free policies, not weaken them,” he argued.
The bill from Assemblymember Matt Haney (D) would allow on-site marijuana consumption at licensed businesses that could also offer non-cannabis food and non-alcoholic drinks and host live events such as concerts if they get permission from their local government.
Newsom vetoed a prior version of the legislation last session, saying that while he appreciated that the intent was to “provide cannabis retailers with increased business opportunities and an avenue to attract new customers,” he felt “concerned this bill could undermine California’s long-standing smoke-free workplace protections.”
To that end, the new measure that was sent to his desk last week contains changes to create separation between public consumption spaces and back rooms of businesses where food is prepared or stored in order to better protection the health of workers in line with the governor’s concerns.
The bill was further amended in the Senate to make it so local jurisdictions would need to consider whether they’re requiring “adequate ventilation and filtration systems.” It was also revised to stipulate that employees can wear masks, including N95 coverings, without penalty. Employers would be required to pay for those masks.
Additionally, the legislation was amended to specifically prohibit loitering around the cannabis cafe, with licensees being responsible for ensuring that steps are taken to prevent such loitering.
Whether those revisions will be enough to address the governor’s concerns is unclear. But ACS has made clear it remains opposed to the updated legislation.
“Smoke-free laws are popular because they work. They have played a pivotal role in slashing smoking rates and bringing overall tobacco use to historically low levels,” Knox said. “They have helped create a cultural shift around smoking indoors, contributing to reduced tobacco use initiation, especially among youth, and increased quit attempts by people who smoke.”
“We cannot jeopardize the progress we’ve made in creating safe, smoke-free environments and reducing tobacco-related health disparities by making exceptions to well-established laws in the name of the marijuana industry’s interests,” he said. “We urge Gov. Newsom to reject this egregious effort to prioritize profit over health and veto Assembly Bill 1775.”
Current law does allow on-site cannabis consumption lounges but bans the sale of food and beverages at such premises. A California senator said on the floor on Tuesday that this disconnect “has created costly and cumbersome workarounds to provide their guests with the expected experience by either taking out two property leases or having food items delivered in from outside vendors.”
The measure would also allow local governments to decide whether to allow cannabis cafes to operate instead of automatically legalizing them statewide.
The bill makes explicitly clear that hemp-based food items or drinks are not considered “non-cannabis” products that could be sold at the cafes. It also says that non-cannabis items “shall be stored and displayed separately and distinctly from all cannabis and cannabis products present on the premises.”
The legislation would also allow live musical or other performances on the premises of a cannabis retailer in areas where on-site consumption is allowed.
There have been examples of California businesses that have found workarounds to permit on-site consumption while making food available to guests—but they’ve operated in a grey area, partnering with separately licensed restaurants that receive the profits.
Meanwhile, California lawmakers also gave final passage to a bill on Wednesday that would allow small marijuana growers to sell their products directly to consumers at state-organized farmers markets.
Photo courtesy of Martin Alonso.
The American Cancer Society (ACS) is urging California Gov. Gavin Newsom (D) to veto a bill to legalize marijuana cafes in the state that cleared the legislature on Wednesday. In a statement, the association’s Cancer Action Network claimed the legislation violates provisions of the state’s legalization law that prohibit smoking cannabis anywhere the use of Read More