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Non-revenue-generating cannabis jobs in peril as demand grows for hourly workers

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For evidence of headwinds facing the regulated marijuana industry, look no further than the cannabis labor market.

As headlines from the past several months attest, employers ranging from multistate operators to small cannabis businesses to ancillary companies have laid off employees.

And for the first time since regulated marijuana markets opened in the United States, the number of cannabis jobs in the country contracted during the past year, according to a report released in February 2023 by Denver-based marijuana industry recruiting firm Vangst.

A national decline in cannabis industry jobs was unfathomable a year ago, given the many new markets and those getting ready to launch.

But global inflation, depressed cannabis prices, a dearth of investment dollars as well as oversaturation in mature markets have compelled many marijuana companies to lay off workers, Vangst reported.

The firm found there were 417,493 cannabis industry jobs (both plant-touching and non-plant-touching) in early 2023, a drop of about 2% from the 428,059 jobs the firm tallied the same time last year.

The days of the “Great Resignation” seem a distant memory now. Recruiters report that fewer cannabis businesses are posting jobs, and many industry workers fear for their job security.

“The tables have totally turned,” Vangst CEO Karson Humiston said. “The days of candidates demanding double their salaries (not to leave a company) are over.”

At the same time, there are reasons to be hopeful that the cannabis industry could resume its place as the job-producing juggernaut it was not long ago.

“We are definitely seeing some layoffs in certain states, but it’s definitely not all doom and gloom,” said Liesl Bernard, CEO of CannabizTeam, a national recruiting firm headquartered in San Diego.

“We’re seeing a huge surge of hiring in the states that just became adult use, like Maryland and Missouri. All those eastern states are hiring.”

Amid the uncertainty and tumult, a few labor trends have emerged, and cannabis executives would be wise to remember them:

  • This is an employers’ job market.
  • Generally, jobs are being lost in mature state markets but gained in new markets, resulting in an eastward migration of cannabis workers.
  • The most vulnerable jobs are in middle management, human resources and marketing, while hourly workers are in most demand.
  • Many cannabis businesses are turning to temporary workers and part-time executives to replace full-time employees.

Observers hope the silver lining to the labor downturn is that business leaders will become more deliberate about workforce planning.

Employers’ market

In the current labor market, employers have leverage over employees, observers said.

“Companies have a lot more choice as far as top talent is concerned,” Bernard said.

“And a lot of companies are using this opportunity to upgrade their bench and look at their team, saying, ‘Where do I need more firepower? Where should I add executives?’

“Because they’re easier to find in the market right now.”

At the same time, as companies lay off more people, they in turn demand that surviving workers do more, observers said.

“We’re seeing many companies revert to earlier years, when executives wore three or four hats rather than having one specific job function,” said Kara Bradford, CEO of Seattle-based Viridian Staffing, a national cannabis recruiting firm.

“For example, someone who only handled Metrc for their entire organization now may be doing Metrc, quality assurance and compliance.

“What were three positions 10 months ago have now been rolled into one.”

Those employees could consider themselves lucky to still be in the cannabis industry, however, as people interested in joining marijuana companies are finding it harder to break in than in years past.

Companies are seeking candidates with cannabis experience, and many are looking for work, Bradford said.

The hardest-hit positions are in middle management, human resources and marketing, observers said.

Middle managers are frequently among the first to be laid off because when companies look to reduce head count, they try to balance the number of individual contributors reporting to a manager, Bradford said.

“You don’t want 50 people reporting in to one manager because how is that manager going to be able to help grow and develop those workers? … It’s just not reasonable,” Bradford said.

“When you’re reducing the number of individuals within your organization, you don’t need as many layers in the middle to support those workers.

“That’s the reason why we see middle management getting laid off, and it’s not just in cannabis.”

Other positions that are getting hit hard are those not perceived as “revenue generating,” Bradford said, including human resources, marketing and compliance, which are being outsourced to third-party providers.

One exception in the current environment is hourly positions.

“Hourly workers haven’t been impacted,” Humiston said, explaining that cultivators and manufacturers still need harvesters, extraction technicians, packagers and other jobs that get product to market.

Right time for part time

Economic uncertainty has led many companies to use temp workers, fractional staff and consultants because it’s more affordable than hiring permanent staffers and offers greater flexibility.

Employers don’t have to offer temp workers full-time benefits, for example, Bernard said.

There’s flexibility because employers can bring in talent as they need it, and there’s agility because the company that is hiring doesn’t have to go through a formal hiring process.

By trying someone out as a temp first, companies get the assurance of having seen them perform and deciding how they fit into company culture, Bernard said.

“We’re seeing a lot of companies switching to more of a hybrid workforce in the industry and only hiring executives full time that are key to the organization,” Bernard said.

CannabizTeam’s temp staffing arm is seeing more business from MSOs, Bernard said.

A lot of those jobs are entry-level positions to help with pre- and post-harvest staffing as well as spots on manufacturing and packaging lines, Bernard said.

Eastward migration

Most cannabis industry layoffs have happened in mature markets in the West – most notably California, which had the biggest drop in cannabis industry jobs.

However, job growth in the East has led to a migration of workers from western to eastern markets.

“The new license holders in those states are all hiring, and they prefer people with experience,” Bernard said.

“They’re luring them with better benefits and even higher salaries. Most companies will also pay for relocation.

“We’re definitely seeing a little bit of an eastward migration as far as talent is concerned.”

She added: “Cultivation and manufacturing are really big in Maryland right now, getting enough product available for the demand that they’re seeing with adult use. There’s a lot of hiring in each vertical, from cultivation, extraction, manufacturing, retail and all the C-suite roles in those states as well.”

Bernard noted that many East Coast natives who went west to work in cannabis are returning home.

Talent drain

One concern in the current marijuana labor market is that hourly employees and salaried workers will leave cannabis for other sectors because of the industry’s’ struggles and other sectors’ ability to offer attractive pay and benefits packages.

“Companies should retain as much of the exceptional talent we have in this industry,” Bradford said.

“I’m really worried about brain drain or talent drain, because as an industry we’ve spent so much time bringing in people from other industries and training these individuals, helping them understand cannabis and also learning from them about what best practices from other industries do and don’t work in cannabis.

“One of my biggest concerns is that we are losing talent to other industries, and we won’t be able to get them back.

“One big trend right now is attrition. It’s higher now than it’s ever been for hourly workers. … We’re competing for the same hourly worker talent as a lot of other industries right now.”

Source: https://mjbizdaily.com/non-revenue-generating-cannabis-jobs-in-jeopardy/

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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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:

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/

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Marijuana companies suing US attorney general in federal prohibition challenge

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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.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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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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