A user alleged they were refused alcohol at a restaurant because they smoked marijuana prior to ordering.
In a video with over 308,000 views, TikTok user Jinxz (@stayjinxz) said he attempted to order an alcoholic drink from California’s Frida Mexican Cuisine in the Del Amo Fashion Center. Marijuana can be legally purchased and consumed in the state of California.
Upon attempting to order, Jinxz said he was told that he could not buy alcohol as he was smoking cannabis prior to ordering.
“The manager of this restaurant said I couldn’t order alcohol cause I was smoking [weed] before I came in,” Jinxz said in the text overlaying the video.
@stayjinxz They said everybody can order but me 😩 #fyp #makethisviral ♬ The Home Depot Beat – The Home Depot
In the comments section, many users tried to explain the manager’s behavior.
“It’s illegal for bartenders to serve liquor to someone who they know is already under the influence, alcohol or not,” claimed a commenter.
“Im a server,” added another. “In the semi-anual alcohol serving course they make you take for liability reasons they say we shouldn’t serve to anyone we have seen take anything even Tylenol, let along a recreational drug.”
“As a server at least in CA you gotta make sure the customer isn’t already ‘intoxicated,’” echoed a third.
According to California law, what these commenters are saying is accurate.
“The law states that no person may sell or give alcohol to anyone who is obviously intoxicated,” the California Department of Alcoholic Beverage Control stated. “Therefore, every person who sells, furnishes, gives, or causes to be sold, furnished, or given any alcoholic beverage to any OBVIOUSLY intoxicated person is guilty of a misdemeanor.”
California law also defines intoxication as “your mental and/or physical faculties are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person.”
As “obviously intoxicated” is a subjective measure, it is possible that the restaurant workers simply did not want to take the risk of serving someone who they knew to have consumed marijuana.
However, some users wrote that they would have found ways to skirt the law.
“I would’ve legit had my friends order it and me drink it,” explained a commenter. “Call the cops buddy.”
The Daily Dot reached out to Frida Mexican Cuisine via email and Jinxz via Instagram DM.
