In the Weed: The Law, Public Policy and Industry Implications of Cannabis-Infused Restaurant Menus

Editor's note: As I write this, I learned this morning that Carl's Jr., the international fast food restaurant chain and franchisor operated by CKE Restaurant Holdings, Inc. announced its debut of a cannabis-infused burger in time for International Marijuana Day on April 20. It is called "The Rocky Mountain High: Cheese Burger Delight" and is topped with CBD-infused Santa Fe Sauce. It will be sold at one location in Denver, Colorado for a single day, and the cost is $4. 20. The item is being tested and could be offered at more locations if it sells well. I am not surprised by the news. A National Restaurant Association survey found that 3 in 4 chefs named CBD-and cannabis-infused food as a hot trend in 2019, which might revitalize soft industry growth in the past several years. It was only a matter of time before national chains jumped on board.

Independent operators around the U.S. had already responded to consumer demand for weed in their feed. "America's Top Ten Cannabis Chefs" posted on Greenstate.com, featured photographs of attractive, hip culinarians and descriptions of their dishes. This includes 32-year-old San Francisco chef Michael Magallanes who mixes "… cannabis powder with coconut oil and sprinkle that on top of a rice cracker topped with carrot verjus, pickled Fresno chiles, cilantro and yogurt." He is quoted further:

I do a little milk sphere infused with cannabis, licorice and juniper berries. I do a French toast stick infused with cannabis, topped with sea urchin and pickled rhubarb. I do coffee-roasted carrots with savory chocolate ganache infused with hash coconut oil and dried chiles, like a play on mole.

It sounds great. Who could resist?

And I can imagine many independent operators, perhaps you, are trying to figure out how to incorporate cannabis creatively into their menu. No doubt it appears to be a paradigm shift for the foodservice industry. Let's not lose sight, however, that alcohol is a psychoactive substance enjoyed responsibly and daily by millions. The difference between alcohol and cannabis is we know quite a bit about alcohol's effect on the body and we have laws and regulations to control its distribution and use.

Marijuana can pose health risks, but so does alcohol consumption. The legal environment of marijuana is conflicted and evolving, not unlike alcohol in the early 20th century. Prohibition of alcohol in the United States lasted for 13 years during the 1920s and 30s with the repeal of the 18th amendment.

Marijuana legalization is not simply a passing fancy. According to a Pew Research Center survey, about six-in-ten Americans (62%) say the use of marijuana should be legalized. This reflects a steady increase over the past decade, according to the study. The share of U.S. adults who support marijuana legalization is little changed from about a year ago - when 61% favored it; however, it is double what it was in 2000 (31%).

H.G. Parsa, of the University of Denver, Milos Bujisic of the Ohio State University, and I share an unbiased interest in marijuana as a staple on the U.S. culinary scene. Our article begins with the introduction of a hypothetical character Jack Kreeger, who is wondering if it is "high" time his Denver restaurant to introduce cannabis on the menu.

Jack Kreeger walked through the dining area of his Denver casual restaurant "Mile High" on a busy Friday night. He stared out the front window of his 20-year-old concept, the ghost of his reflection staring back, as he considered how this business has changed over the years. Ever since January 1, 2014, when marijuana could be sold to anyone over 21 years of age at specially licensed stores in Colorado, the name of his restaurant had taken on special meaning.