While it is currently not illegal in California for customers to smoke or consume cannabis on-site in consumption lounges, it is illegal for dispensaries to sell non-cannabis products like coffee or food. AB 374 had bipartisan support in both of the state’s legislative houses, passing in the Assembly with a final 66–9 vote and passing the Senate with a 33–3 vote.
Assemblymember Matt Haney introduced AB 374 earlier this year, which he said would bolster the struggling retail cannabis market. In 2020, California’s legal cannabis sales reached $4 billion, while illegal sales are believed to have surpassed $8 billion that same year.
“It’s really about fairness and supporting businesses that follow the rules,” said Haney in a press release. “If we keep allowing unnecessary regulations to strangle California’s legal cannabis businesses, we’re just encouraging illegal drug sales and all of the problems that come with that.”
In his veto message, Newsom said he worried the bill conflicted with California’s smoke-free workplace protections but “appreciates the author’s intent to provide cannabis retailers with increased business opportunities.”
Voters legalized the on-site smoking of cannabis in licensed dispensaries in 2016 with Proposition 64. It’s illegal to smoke cannabis outdoors as well as in all public places, apartment buildings, and automobiles. Without on-site smoking being allowed in dispensaries, it would be functionally illegal statewide for anyone other than homeowners and their guests to smoke.
In the 1970s, the Netherlands legalized cannabis cafes in order to deprive the illegal cannabis market of revenue. The approach was a success and created a thriving tourist industry. According to Haney, while the country is ten times smaller than California, the Netherlands has more than 700 cannabis cafes where tourists spend over $1 billion every year.