Cannabis Products, Industrial Hemp Products, and Alcoholic Beverages | Alcoholic Beverage Control – Alcoholic Beverage Control

1. Can I hold both an ABC license and a license to grow, process, or sell cannabis products?

Yes. Neither the ABC Act nor the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) prohibit persons holding licenses to manufacture or sell alcoholic beverages from hold…….

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  • 1. Can I hold both an ABC license and a license to grow, process, or sell cannabis products?

    Yes. Neither the ABC Act nor the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) prohibit persons holding licenses to manufacture or sell alcoholic beverages from holding a license authorized under the MAUCRSA. Applicants for ABC licenses will still need to meet all ABC licensing requirements, independently of any other licensing authority under the MAUCRSA.

  • 2. If I hold licenses under both the ABC Act and the MAUCRSA, can I sell alcoholic beverages and cannabis products at the same location?

    No. The MAUCRSA (Business and Professions Code Section 26054) states that the holder of a license issued under the MAUCRSA “shall not sell alcoholic beverages or tobacco products on or at any premises licensed under this division.” (Note: Section 26038 provides that any person engaging in commercial cannabis activity without a license is in violation of the MAUCRSA and subject to criminal and civil penalties.)

    In addition, Section 15000.3 of the Department of Cannabis Control (“DCC”) regulations provides that a premises shall not be in a location that requires persons to pass through a business that sells alcohol or tobacco or a private residence to access the licensed premises, or that requires persons to pass through the licensed premises to access a business that sells tobacco or alcohol or a private residence. Commercial cannabis products may only be cultivated, processed, stored, or sold at premises licensed pursuant to the MAUCRSA. Due to the restrictions on licensing and permissible activities, premises may not be licensed with both an ABC license and a license issued under MAUCRSA, even though a licensee may hold licenses (at separate premises) under both statutory schemes.

  • 3. Although I cannot sell cannabis products in my bar or restaurant licensed by ABC, can I offer it to consumers in other ways, or allow consumers to bring their own cannabis products onto the premises and consume it?

    No. Health and Safety Code Section 11362.3 prohibits the smoking or ingesting of cannabis products in a public place, except as authorized under Business and Professions Code Section 26200. Businesses (including premises authorizing the sale or consumption of alcoholic beverages under both retail and non-retail licenses) licensed under the ABC Act are considered “public places” for this purpose (this also includes premises licensed under club licenses, or any other premises to which entry may otherwise be limited). This restriction applies even if the ABC licensee is not exercising the privileges of the license, such as after hours, while closed, or if the ABC license is surrendered or suspended.

    In addition, ABC considers the possession of cannabis products by licensees or their agents for commercial purposes (including anyone conducting other businesses on licensed premises, such as offering cannabis to smell as part of sensory experiences) to be contrary to the provisions of the ABC Act and the MAUCRSA.

    Although there are exceptions under Business and Professions Code Section 26200 allowing for public consumption of cannabis products, the sale or consumption of alcoholic beverages in the same area is expressly prohibited. (See, also, DCC regulations 15602 regarding temporary cannabis event sales and consumption—the consumption of alcoholic beverages is prohibited on the premises.)

    Legal industrial hemp products are not considered cannabis products. (See Question 5) However, they cannot be mixed or infused with alcoholic beverages. (See Question 6)

  • 4. I have seen news articles talking about wine, food, and cannabis product pairing events (or …….

    Source: https://www.abc.ca.gov/cannabis-products-industrial-hemp-products-and-alcoholic-beverages/

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