Cannabis Clubs: Lessons From Alaska and Denver

Cannabis Clubs: Lessons From Alaska and Denver

Before the wave of cannabis reform that has swept the United States over recent years, Amsterdams cannabis coffee shops were the quintessential international icon of legal cannabis consumption. Yet, even as more and more states legalize cannabis, laws allowing consumption in social establishments are all but nonexistent. Will cannabis clubs in the United States ever reach a degree of acceptance similar to Amsterdams coffee shops, or, better yet, be treated like bars and clubs that serve alcohol? Recent developments in Alaska and Colorado highlight both the obstacles facing social cannabis establishments and a possibly encouraging step forward for proponents of these clubs.

Alaskas Attorney General Jahna Lindemuth recently issued an opiniondeclaring cannabis clubs illegal unless they are licensed as a retail cannabis dispensary. The opinion comes as several cannabis clubs have popped up in Alaskasince it approved cannabis legalization. Cannabis clubs, in Alaska and elsewhere, are establishments that provide space for patrons to consume cannabis, socialize, and play games. The clubs which do not themselves sell cannabis operate under the theory that they fall outside the scope of the cannabis laws because they do not sell cannabis. Attorney General Lindemuth counters this view by arguing that the law prohibits consumption of cannabis at any place of amusement or business other than a licensed retail cannabis store. Lindemuth asserts that the clubs are commercial places of businessbecause theytypically charge an entry fee and sell snacks and other refreshments.She also contends that even if a cannabis club is not a placeof business it constitutes prohibited public consumption if a substantial number of people are present. Lindemuths opinion effectively puts an end to cannabis clubs in Alaska unless and until its laws are changed.

Denver voters this November will decide whether to approve a measure that would allow regular businesses like bars, coffee shops, and other establishments to have indoor or outdoor spaces for cannabis consumption. These businesses would be allowed to have cannabis spaces if they firstobtain a permit and, also have asponsoring neighborhood organization or business improvement district. The sponsor would ...

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