As the cannabis industry continues to expand in California, dispensary owners may consider diversifying their offerings to include alcohol alongside cannabis products. While this might seem like a sensible business decision to some, the reality is that it’s not legal to sell alcohol and cannabis products at the same location in California.
Two relevant laws come into conflict with this issue: the Alcoholic Beverage Control (ABC) Act and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Although a business owner may hold both an ABC license and an MAUCRSA license, this doesn’t permit the business owner to sell cannabis and alcohol products on the same premises.
Can I Sell Alcoholic Beverages Mixed or Infused with Cannabis?
Whether you’re a manufacturer or retailer, it’s prohibited to sell an alcoholic drink that is either mixed or infused with a cannabis product. This is mainly due to the fact that it’s prohibited to sell alcohol and cannabis on the same premises, but also because the California Department of Public Health prohibits the sale of any edible cannabis product as an alcoholic beverage.
Can Guests Consume Their Own Cannabis on an ABC-Licensed Premises?
If you own an ABC-licensed business, you can’t permit your guests to smoke, eat, or otherwise consume cannabis products on your business’s property. Even if you didn’t provide your guests with cannabis and they are consuming their own products, your ABC license may be at risk.
Bars, restaurants, and other establishments that are legally licensed to serve alcohol are considered public places, and the law prohibits the consumption, sale, and/or storage of both alcohol and cannabis on the same premises.
Who Can I Turn to For Legal Assistance?
If you are a business owner and have questions about the legality of cannabis as it relates to your company, you can reach out to Purdy & Bailey, LLP, for legal assistance. Our experienced business lawyers have many years of experience helping business owners address unique issues affecting their companies.
As experienced legal service providers to business owners in the cannabis industry, we are also uniquely qualified to assist your cannabis business with its unique legal matters.
For more information or to request a consultation, contact us today.