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3/25/2024 5:00:00 AM Positions and Letters of Support

POSITION: LETTER OF SUPPORT FOR CHANGING 5-HOUR LANGUAGE FOR HF4029

March 25, 2024
To: The Honorable Zack Stephenson, Chair; The Honorable Tim O’Driscoll, Republican Lead;
House Commerce Committee

Re: Hospitality Minnesota, Minnesota Licensed Beverage Association, Minnesota Municipal Beverage Association, and the Minnesota Craft Brewers Guild Support for HF 4029

Dear Chair Stephenson, Republican Lead O’Driscoll, and Members of the Committee:
We appreciate the opportunity to weigh in with our support for HF 4029. Hospitality Minnesota, Minnesota Licensed Beverage Association, Minnesota Municipal Beverage Association, and the Minnesota Craft Brewers Guild are the leading hospitality trade associations that represent bars, breweries, restaurants and food service across the state of Minnesota.

Last year’s cannabis omnibus, HF 100, included the “five-hour rule”, while well intentioned, created significant problems for our businesses that serve THC seltzers, causing many of them to withdraw these products from their menu. Under current statute, beginning March 2025 any server, bartender, or establishment that provides a THC seltzer to a patron within 5 hours of an alcoholic beverage could be held legally liable. This proves to be a significant challenge to servers, bartenders, and businesses, as they have no way to know if that patron had a drink at another establishment or was given a beverage by another patron.

These issues have also provided challenges for insurance companies, who are hesitant to insure businesses with this liability. This has only contributed to the number of our businesses who see the demand for these products but are not comfortable selling them under the current law.
HF 4029 provides language allowing servers to continue using their professional judgement to decide whether a patron is too impaired to purchase a THC beverage. We strongly urge the committee to support HF 4029. Thank you.
Sincerely,
Angie Whitcomb, President and CEO, Hospitality Minnesota
Bob Galligan, Director of Government and Industry Relations, Minnesota Craft Brewers Guild
Tony Chesak, Executive Director, Minnesota Licensed Beverage Association
Paul Kaspszak, Executive Director, Minnesota Municipal