Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, December 3, 2014

"Marijuana Dining Still on Shaky Legal Ground"

The title of this post is the headline of this intriguing new AP article.  Here is how it gets started:

Acclaimed chef Chris Lanter is talking a crowd of eager foodies through a demo on cooking with marijuana. As he prepares steak au poivre, he describes how to deglaze the pan with pot-infused brandy. How to pair marijuana with fine foods. How to make marijuana's skunky tang work for a dish, not ruin it. One catch — there's no actual weed at his demonstration.

Marijuana aficionados paid $250 for a weekend-long celebration of marijuana and food, yet state and city regulations prohibit any "open and public" use of the drug, even at licensed businesses holding private events.

It's a strange dichotomy. The nascent marijuana industry in Colorado is moving well beyond just pot brownies. Dispensaries are doing a booming trade in cookbooks, savory pot foods and frozen takeout dishes that incorporate the drug. But for now, halting attempts at creating a marijuana dining scene have had mixed results.

Colorado may have legalized marijuana, but it still prohibits "on-site consumption," a caveat aimed at preventing Amsterdam-style coffee shops where pot can be purchased and consumed in the same place. Recreational or medical marijuana is now legal in 23 states and Washington, DC. ? though each state prohibits on-site consumption and pot sales in bars or restaurants.

As Colorado's recreational industry nears its first anniversary, authorities increasingly are cracking down on attempts to push the pot-dining envelope. The city of Denver, where the marijuana industry is concentrated, wrote 668 tickets for "open and public consumption" through September, up from 117 the year before, when marijuana was legal, but sales were not. And the county that includes Colorado Springs is trying to crack down on so-called "smoke-easys," or private clubs that allow marijuana use, sometimes paired with refreshments.

Even private events at restaurants aren't safe. Denver authorities are using permit codes and alcohol laws to fine and even press charges against people trying to throw private events at which pot foods are served.

The result has been that chefs interested in infusing foods with pot, or pairing regular dishes with certain strains thought to accent a particular flavor, are unable to try it outside catered events at private homes. Even chefs who will talk publicly about doing "medicated" catered house parties, like Lanter, are skittish about sharing details.

https://lawprofessors.typepad.com/marijuana_law/2014/12/marijuana-dining-still-on-shaky-legal-ground.html

Food and Drink, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink

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