Politics
California Bill To Legalize Marijuana Dispensary Drive-Thru Windows Is Put On Hold By Its Sponsor
A California lawmaker is putting her own bill to legalize marijuana dispensary drive-thru windows on hold for now, she tells Marijuana Moment.
The legislation from Assemblymember Gail Pellerin (D) had passed the full Assembly this session and advanced through a Senate committee, but the sponsor said she wasn’t sure it had enough support to get through the full chamber and onto the governor’s desk this year.
“California cannabis retailers lack a common and accessible transaction path for consumers afforded by so many other retailers in California, including fast food, pharmacies, banks, to-go alcohol sales at restaurants and a limited number of liquor stores,” Pellerin told Marijuana Moment. “Cannabis consumers who have mobility issues or other disabilities have limited options for being able to obtain cannabis without having to step out of their vehicles.”
The measure says that licensed cannabis retailers and microbusinesses with storefronts could sell marijuana products “to a customer in a motor vehicle in a drive-through located on the premises.”
Under AB 2697, cannabis businesses would need approval from the local jurisdictions in which they operate in order to add the drive-thru option.
“While home delivery is legal, there are service area restrictions,” Pellerin told Marijuana Moment. “I authored AB 2697 because it retained local authority while enhancing the consumer experience, increasing safety at cannabis retailers and helping expand California’s legal cannabis marketplace.”
“We had great momentum with AB 2697, but unfortunately we were not confident we had the votes and decided it was best to put the bill on hold and continue the work and engagement at a later time,” the lawmaker said.
The California Narcotic Officers’ Association opposed the proposal, however, with a representative testifying this session that it would be harder for dispensary workers to check customers’ IDs for age compliance or to detect signs of current intoxication at drive-thru windows.
“This bill prioritizes speed of sale over public safety, while undermining current safeguards designed to prevent illegal sales and protect public safety,” he argued.
Under a current policy enacted during the height of the COVID pandemic, dispensaries can already offer curbside pickup.
The bill would mandate that drive-thru sales “shall occur through a fixed-pane security window with a security drawer or similar secure transfer mechanism that is part of a building located within the premises.”
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Meanwhile, Gov. Gavin Newsom (D) this week signed separate legislation to more clearly define the types of marijuana packaging and labeling that is prohibited due to appealing to children.
In June, the California Department of Cannabis Control rolled out a new AI tool to help businesses identify marijuana product packaging may appeal to kids in violation of existing state rules, which already ban cartoons on cannabis labels.
California’s treasurer recently said the marijuana legalization law that voters approved a decade ago has been a “complete failure” and should be replaced with a new ballot initiative that prioritizes consumers and small businesses.
The vice chair of the state Senate Budget Committee has floated the idea of putting a new initiative on the state ballot to “reverse” Proposition 64, for example, arguing that voters were misled and voicing concerns about the health impacts of marijuana use.
Republican gubernatorial candidate Steve Hilton, who is endorsed by President Donald Trump, recently told Marijuana Moment that taxes and regulations on cannabis are “too high.”
DCC recently released data showing how 97 percent of state cannabis enforcement actions in unincorporated cities have happened in counties that have locally banned licensed growers from operating.
California regulators also recently adopted emergency rules changes for the state’s marijuana licensing process that are intended to make it easier for businesses to qualify for benefits in line with the Trump administration’s recent move to federally reschedule medical cannabis.
Newsom recently took credit for helping to lead the push for the state to legalize marijuana and discussed his own limited experience with using cannabis.
Last October, however, Newsom vetoed a bill that would have allowed certain marijuana microbusinesses to ship medical cannabis products directly to patients via common carriers like FedEx and UPS, stating that the proposal “would be burdensome and overly complex to administer.”
Newsom did sign a bill earlier that month aimed at streamlining research on marijuana and psychedelics.
Last September, the governor also signed a measure into law to put a pause on a recently enacted tax hike on marijuana products.
Separately, the state attorney general says Indian tribes cannot independently engage in marijuana commerce with licensed cannabis businesses without first obtaining their own commercial license from state officials.
California officials recently awarded nearly $30 million in grants for marijuana-focused academic research projects.
