Business
New Law Gives Seattle Dispensary Employees Stronger Labor Protections
A city official says the ordinance “will help provide a stable workplace, stronger workforce, and contribute to a better overall economy for Seattle.”
A newly enshrined ordinance in Seattle will give cannabis dispensary workers in the city stronger labor protections, part of an ongoing effort by leaders to make the marijuana industry more equitable.
The ordinance, which took effect last Wednesday, requires covered outgoing cannabis business employers to post “written notice of a change in control” and provide “a preferential hiring list to the incoming cannabis employer,” while also requiring the incoming employer to retain “covered employees for a certain period of time following the change” and follow “other hiring and retention requirements.”
Steven Marchese, the director of Seattle’s Office of Labor Standards, said that his office “is committed to providing outreach, education, and enforcement for Seattle’s newest labor standard.”
Marchese said that the new law, known as the Cannabis Employee Job Retention Ordinance, “provides protections for workers in this industry that will help provide a stable workplace, stronger workforce, and contribute to a better overall economy for Seattle.”
Cody Funderburk, a local cannabis activist who works in the cannabis industry and is a former member of a local cannabis union, called the Cannabis Employee Job Retention Ordinance “a monumental step toward protecting the rights of cannabis industry employees.”
“The effects of this legislation will improve job security for thousands of employees in Washington State’s cannabis industry. Workers deserve the peace of mind of knowing that their livelihoods will be safe as the cannabis industry continues to rapidly shift and evolve,” Funderburk said in a statement.
A press release from the Office of Labor Standards said that the new ordinance reflects the commitment from the city of Seattle and its mayor, Bruce Harrell, “to improve equitable outcomes in the cannabis industry and clarify matters raised in the ordinance, including provisions related to preferential hiring, offer of employment, and discharge from employment for just cause.”
Last summer, Harrell introduced a trio of bills to the Seattle city council aimed at promoting diversity in the local cannabis industry.
The three bills sought to require the following, per a press release from Harrell’s office at the time: “Creation of a City-level social equity license, intended to reduce barriers toward opening cannabis stores for underrepresented communities and those most impacted by the war on drugs; Laying the groundwork for future cannabis-related businesses, in collaboration with the Washington State Liquor and Cannabis Board, to also issue licenses through a social equity framework; Ensuring transparency to employees around ownership of cannabis store business licenses holders; Requiring a 90-day retention of store workforce when ownership changes, similar to protections created for hotel workers in 2019; Creation of a short-term cannabis advisory committee, selected in collaboration with City Council to collect input on cannabis equity and needs from workers, community members, and industry leaders; Implementation of a needs assessment to understand additional steps to make the industry more robust and sustainable for diverse communities; Collaboration with County and community efforts to further the work of expunging convictions for cannabis-related crimes prior to 2014; Development of a state and federal legislative agenda promoting cannabis equity, as well as safety improvements, capital investments, and access to banking services.”
Harrell said that the proposals were designed to help the city’s cannabis industry continue to evolve.
“As the cannabis industry continues to develop, we must course correct and support the communities who too often have been left behind. Equity in this industry means safe working conditions and fair treatment for workers, store ownership that includes the communities most impacted by the war on drugs, and a commitment to fairness, innovation, and opportunity,” Harrell said.
Source: https://hightimes.com/news/new-law-gives-seattle-dispensary-employees-stronger-labor-protections/
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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