This bill is part of the 2023 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
AB 471 (Kalra D) Cannabis catering.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the delivery and sale of cannabis and cannabis products as provided for therein, and acting as a cannabis event organizer for temporary cannabis events.
This bill would add acting as a cannabis caterer for a private event to the definition of commercial cannabis activity.
MAUCRSA does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate commercial cannabis businesses within that local jurisdiction. MAUCRSA authorizes the department to issue a state temporary event license to a licensee authorizing onsite cannabis sales and consumption at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction if, among other requirements, (1) access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older; (2) cannabis consumption is not visible from any public place or nonage-restricted area; and (3) sale or consumption of alcohol or tobacco is not allowed on the premises.
This bill would authorize the department to issue a state caterer license authorizing the licensee to serve cannabis or cannabis products at a private event approved by a local jurisdiction for the purpose of allowing event attendees 21 years of age or older to consume the cannabis or cannabis products that is not hosted, sponsored, or advertised by the caterer. In determining whether to issue a state caterer license, the bill would require the department to consider the proximity of the private event to a youth recreation center, school, or location where persons under 21 years of age congregate. Under the bill, consumption of alcohol or tobacco would be authorized on the premises of that event, as specified. The bill would prohibit a caterer licensee from serving cannabis or cannabis products at any one premises for more than 36 events in one calendar year, except as specified, and would authorize a caterer licensee to reuse cannabis at a subsequent event, as provided.
MAUCRSA requires a cannabis license applicant to provide certain information relating to the proposed premises where the license privileges would be exercised.
This bill would exempt a caterer license application from those requirements, except that the bill would require an applicant for a cannabis caterer license to provide proof that the owner of the property on which the private event will be held acknowledges the use of the property for the private event.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
Contact us by phone or email to learn more about California cannabis law including state, county or city cannabis licensing and cannabis regulations, cannabis regulatory compliance, and cannabis litigation.