With the legalization of marketable recreational use of cannabis and CBD products commencing in 2018, along with the certified manufacture and trade, several questions have arisen about what conditioning is admissible on or on- demesne certified by the Department of Alcoholic Beverage Control to manufacture or vend alcoholic potables. The following constantly asked questions and responses, are intended to offer some guidance. This isn’t intended to be a comprehensive review of what may be permitted or banned. You should gain independent legal advice before engaging in business involving either alcoholic potables or cannabis, and you shouldn’t act in reliance on any information presented herein.
The document’s contents have been posted below, but can also be set up then( this is a pdf train) under the ‘ coffers ’ runner of the cannabis gate.
Can I hold both an ABC license and a license to grow, process, or vend cannabis?
Yes. Neither the Alcoholic Beverage Control( “ ABC ”) Act nor the Medicinal and Adult-Use Cannabis Regulation and Safety Act( “ MAUCRSA ”) enjoin persons from holding licenses to manufacture or vend alcoholic potables from holding a license authorized under the MAUCRSA. aspirants for ABC licenses will still need to meet all ABC licensing conditions, singly of any other licensing authority under the MAUCRSA.
still, can I vend alcoholic potables and cannabis in the same position?
If I hold licenses under both the ABC Act and theMAUCRSA.No. The MAUCRSA( Business and Professions Code section 26054) states that the holder of a license issued under the MAUCRSA “ shall not vend alcoholic potables or tobacco products on or at any demesne certified under this division. ”( Note Section 26038 provides that any person engaging in marketable cannabis exertion without a license violates the MAUCRSA and is subject to felonious and civil penalties.)
In addition, Section 5026( c) of the Bureau of Cannabis Control( “ BCC ”) regulations( Title 16, Cal. law offers., section 5026) provides “ A demesne shall not be in a position that requires persons to pass through a business that sells alcohol or tobacco to pierce the certified demesne, or that requires persons to pass through the certified demesne to pierce a business that sells tobacco or alcohol. ”
marketable cannabis may only be cultivate, reuse, store, or vend at demesne certified according to the MAUCRSA. Due to the restrictions on licensing and admissible conditioning, demesne may not be certified with both an ABC license and a license issued under MAUCRSA, indeed though a designee may hold licenses( at separate demesne) under both statutory schemes.
Although I can not vend cannabis in my bar or eatery certified by ABC, can I offer it to consumers in other ways, or allow consumers to bring their cannabis onto the demesne and consume it?
No. Health and Safety Code section11362.3 prohibits the smoking or ingesting of cannabis or CBD products in a public place, except as authorize under Business and Professions Code section 26200. Businesses( including demesne authorizing the trade or consumption of alcoholic potables under both retail and non-retail licenses) certified under the ABC Act are considered “ public places ” for this purpose( this also includes demesne certified under club licenses or any other demesne to which entry may else be limit). This restriction applies indeed if the ABC designee isn’t exercising the boons of the license, similar to after hours, while unrestricted, or if the ABC license is surrender or suspend.
In addition, ABC considers the possession of cannabis or CBD products by agents or their agents for marketable purposes( including anyone conducting other businesses on the certified demesne, similar as offering cannabis to smell as part of sensitive gests ) to be contrary to the vittles of the ABC Act and the MAUCRSA.
Although there are exceptions under Business and Professions Code section 26200 allowing for public consumption of cannabis and CBD products, the trade or consumption of alcoholic potables in the same area is expressly ban.( See, also, BCC regulations 5602 and 5603 regarding temporary cannabis event deals and consumption — the consumption of alcoholic potables is ban on the demesne.)
I’ve seen newspapers talking about wine, food, and cannabis pairing events( or analogous similar conditioning). Are these types of events allow?
Not in demesne certified under the ABC Act. As indicate over, public consumption of cannabis and CBD products is ban. Indeed if one of the exceptions applies, alcoholic potables are still not allow to be vend or consume. “ Public consumption ” isn’t limit to smoking; it also includes the consumption of comestible cannabis products. As similar, it would also be a violation for an ABC designee to use cannabis or cannabis products in the medication of food particulars for consumption on the demesne.
Can I inoculate( or blend) alcoholic potables with cannabis( either as a manufacturer or retailer)?
No. There are three specific reasons why this isn’t permit. First, since cannabis can not be vent on the same demesne as alcoholic potables, any product that contains both cannabis and libation alcohol can not be vend at demesne certified with either an ABC license or a MAUCRSA license. ( See FAQ# 2.) Second, regulations issue by the California Department of Public Health enjoin the trade of “ comestible cannabis products ” as alcoholic potables. ( Title 17, Cal. law offers., section 40300.) Third, the Business and Professions Code section25621.5( AB- 2914) expressly prohibits the trade, offering for trade, or furnishing cannabis or cannabis products at ABC- certified demesne, including an alcoholic libation that contains cannabis or cannabis products.
Am I allow to vend or use my ABC- certified demesne CBD or CBD products deduced from artificial hemp?
No. On September 27, 2018, Governor Brown inked Assembly Bill 2914( making Business and Professions Code section25621.5), which makes it clear that alcoholic libation agents are ban from manufacturing, selling, or offering for trade any alcoholic potables that contain tetrahydrocannabinol( THC) or cannabinoids( CBD), anyhow of the source. This means that neither CBD nor artificial hemp( that contains THC or CBD) may be use in the manufacture of alcoholic potables or mix drinks prepare at ABC- certified demesne.
In addition, the California Department of Public Health, Food and Drug Branch, issued a memorandum( dated July 6, 2018) detailing the legal status and use of cannabidiol( CBD) oil or CBD products in food, which includes alcoholic potables. This memorandum country, in part
“ Presently, the United States Food and Drug Administration( FDA) has concluded that it’s a ban act to introduce or deliver for preface into interstate commerce any food( including any beast food or feed) to which tetrahydrocannabinol( THC) or CBD has been adding. This is anyhow of the source of the CBD – deduced from artificial hemp or CBD. ( ¶) thus, although California presently allows the manufacturing and deals of CBD products( including edibles), the use of artificial hemp as the source of CBD to be add to food products is ban. Until the FDA rules that artificial hemp-deduced CBD oil and CBD products can be use as food or California determines that they’re safe to use for mortal and beast consumption, CBD products aren’t an approve food, food component, food cumulative, or salutary supplement. ”