Cannabis Lounges

CannabisLounges

When Massachusetts voters said yes to Question 4 in 2016, they gave the nod to legalizing cannabis in the Bay State. Since then, laws and regulations have made it possible for people at least 21 years old to possess, use, distribute and cultivate marijuana within certain restrictions and guidelines.

The first two cannabis dispensaries, or stores opened on November 20, 2018 in Northampton and Leicester. Today there are some 200 dispensaries across the state. Now that they have taken root, there is a call for cannabis cafes and social clubs, where people could buy and consume cannabis.

So far laws on the books have prevented those stores from opening, and even if they did, regulations set by the Cannabis Control Commission (CCC) would make it virtually impossible for those cafes to turn a profit.

Mike Brais is the founder of the Massachusetts Social Consumption Advancement Coalition. He told Cannabis Review Quarterly (CRQ) legal and regulatory roadblocks have been put in place by design.

“They’re atrocious. They create an unprofitable business model that a cynic would look at as designed to fail,” he says.

Backers of the pro pot legislation hoped, even intended, for legislation to legalize cannabis cafes. But Secretary of State Bill Galvin ruled while the law allows communities to reject cannabis cafes, there is no legal way to open them. Galvin says communities could opt-out or ban cannabis cafes, but they couldn’t opt-in and allow them in their cities or towns.

“Question 4 legalized cannabis but did not call out cannabis cafes specifically. There was no mention of them in the ballot initiative but in verbal discussions they were referenced as a future license type. The CCC announced at some point, there would be social consumption,” says Brais.

The legislature is trying to correct what many see as a flaw in the law by passing new legislation that would specifically allow cities and towns to permit cannabis cafes. The legislation would also give local governments the power to approve these cafes without bringing the issue to voters in the form of a ballot question. The law is expected to pass and be signed by the Governor by the end of July.

If the legislature does pass legislation specifically allowing for cannabis cafes to open, they may be unlikely to do so because Luzier says onerous regulations prevent these lounges from turning a profit — and he thinks this is intentional.

“Some people are having a hard time walking away from cannabis prohibition,” says Will Luzier, government relations liaison for the Massachusetts Social Consumption Advancement Coalition. “People are still sensitive to the issue and reluctant to change their anti-pot posture,” Luzier told CRQ.

The CCC was established to regulate the cannabis industry in Massachusetts, but critics say CCC regulations discourage anyone from opening a cannabis café.

“Section 141 of CCC regulations specific to social consumption defines how those businesses can operate, how they market and what people can buy and consume in the club,” says Brais.

Brais says CCC regulations ban combustion inside a lounge. That means no one can use a lighter or match to light a joint inside the café. “That means you can’t smoke cannabis in a consumption lounge. You can only vape it or consume edibles. Right there you lose 75 percent of your customer base,” says Brais.

The regulations also restrict café patrons from consuming more than 20 milligrams of total active THC per day. Critics say it’s difficult if not impossible to measure THC consumption among people who smoke joints. And while 20 milligrams may get some people high, it could have little effect on regular pot users who have built up a tolerance to cannabis.

“Somebody like me who’s consuming cannabis for over twenty years – 20 milligrams doesn’t do anything for me. I wouldn’t bother going to that establishment,” says Brais.

The 20 milligram limit is designed to keep patrons from getting so high they wouldn’t be able to drive or do anything else safely. Brais says just like bars that serve alcohol, cannabis cafes could monitor their guests and shut off anyone overdoing it.

It’s no secret most people smoking, vaping or consuming cannabis get the munchies, but CCC regulations state lounges can only serve prepackaged food like chips and pretzels. That may not be enough to satisfy the voracious

appetites of some pot users.

“Cafes should be allowed to make and sell food like pizza or any other food up to full entrées. Chips and pretzels won’t satisfy that craving or need for some people. I like to smoke and then have my dinner. Some people like to pair cannabis with their food just like people pair alcohol with food,” says Brais.

Social equity is also part of the debate over cannabis lounges. People living in government subsidized housing wouldn’t be able to consume pot at home because under federal law, cannabis is still illegal.

“There are many folks who don’t have the opportunity to consume cannabis because they might live in public housing or an apartment where the landlord has prohibited smoking. Others might not like to smoke at home because someone in the house is not comfortable with it. These people need lounges where they can legally consume cannabis,” says Luzier.

Brais says he expects the CCC to remove or soften regulations that act as defacto roadblocks to opening social consumption lounges — and he predicts lawmakers will pass legislation allowing communities to welcome cannabis cafes. He expects all of this to happen within the next 12-18 months.

There is also the issue of public safety. Just as patrons leave bars too

drunk to drive, the same could be true of Cannabis Cafes where customers could be too high to drive.

“Studies have shown in other states where social consumption is legal, there has been no increase in traffic accidents or fatalities,” says Luzier.

For now, social consumption will remain on hold while state officials iron out wrinkles in cannabis laws and regulations. Once this happens, Massachusetts will join Nevada, New Jersey, New York, Illinois, Colorado and California where social consumption is the law of the land.

“There are many folks who don’t have the opportunity to consume cannabis because they might live in public housing or an apartment where the landlord has prohibited smoking.

Others might not like to smoke at home because someone in the house is not comfortable with it. These people need lounges where they can legally consume cannabis,” says Luzier.