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.

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On June 22, U.S. Forest Service (USFS) deputy chief for business operations Tony Dixon published a statement exploring the relationship and impact of cannabis on federal employees.

“Over the last 10 years or so, our views around the use of marijuana have shifted radically,” Dixon stated. “Many states have legalized use of marijuana for medicinal purposes, and some have even allowed recreational use in much the same manner as tobacco or alcohol products. But where does that leave the federal government?”

Like other federal agencies, USFS employees are subject to the same federal laws as everyone else. However, he also explained the ongoing problem of federal employees not passing drug tests. “As a result of the confusion around these state-by-state changes, there has been a noticeable uptick in cases of employees failing drug tests,” he said. “Those results have been associated with the legalization of marijuana and have resulted in corrective action, including suspensions and loss of employment.”

Depending on the agency, some people are disqualified from applying if they have consumed cannabis within one year up to five years. The Federal Bureau of Investigation (FBI) previously required applicants to abstain from cannabis use for up to three years in order to be eligible for a job, although that was changed to one year back in July 2021.

The U.S. Secret Service used to allow applicants 24 or younger to apply for a job if they were cannabis-free for one year, and those 28 and older would need to be cannabis-free for at least five years. However, in May the agency updated its rules to allow applications to be reviewed for those who consume hemp-derived cannabis products within one year prior to the application.

According to Dixon though, cannabis can prevent employees from doing their work. “I value all my co-workers and want to ensure that we all continue to do the work we love in a safe environment,” he added. “I don’t want to see anyone penalized or even lose their jobs for something that could easily be avoided.”

“Many Forest Service employees already work in risky environments in the service of our communities,” he continued. “We want you to be aware of how this choice could have a negative effect on the rest of your lives. So, I wanted to take this time to refresh everyone on regulations and expectations placed upon us as Forest Service employees.”

Dixon addressed CBD as well, warning that some products inaccurately label products which contain trace amounts of THC and could potentially lead to a positive drug test. He also provides information for the Substance Abuse and Mental Health Administration’s National Helpline, and online resources for treatment for those “struggling with addi[c]tion.”

“Above all, I want to make sure that at the end of the day, no one’s employment is affected or cut short by situations that are within our control,” Dixon concluded. “Please remember that no matter the state, as a federal employee, you are always subject to federal law.”

Although Dixon suggests that federal employees should abstain from cannabis use, and cites substance abuse services if they have trouble doing so, some studies have found evidence that many substances can be used to treat certain forms of addiction. 

The results of a study published in JAMA Psychiatry in August 2022 found that psilocybin can be used to treat alcohol misuse disorder. 

In October 2022, a study published in Substance Use & Misuse stated that four out of five patients featured in the study reported a decrease or reduction in opioid use after using medical cannabis. “The findings suggest that some medical cannabis patients decreased opioid use without harming quality of life or health functioning, soon after the legalization of medical cannabis,” researchers explained.

In March, researchers wrote in an Addiction Neuroscience journal study that CBD helped female rats curb opioid addiction. “The ability of [whole-plant extract] to reduce opioid reward and drug seeking behavior appears quite robust and of great clinical utility,” researchers wrote. 

Another study published in the journal Expert Review of Neurotherapeutics earlier this year in April also found that many chronic pain patients who consumed cannabis for six months decreased their use of opioids. Researchers also found that “…patients prescribed oils or both types of CBMPs experienced reduced anxiety and an improvement in their ability to perform daily activities,” the authors wrote.

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A recent report published by the New Mexico Department of Workforce Solutions shows that individuals—specifically ex-accommodation and food service employees—who recently took up jobs in the cannabis industry were paid more than they were in previous job roles.

The report stated that as of the fourth quarter of 2022, there were 151 cannabis dispensaries in New Mexico and 112 were operating as a recreational dispensary or online platform. There were also a recorded 21 cannabis businesses licensed to cultivate, 10 processors, four wholesale trade, and four categorized as “all other sectors.”

With that data in mind, the state employed 4,666 workers within that time frame, with 4,122 working in firms and 171 in cultivation. The cannabis firms were most commonly found in Bernalillo County, followed by Doña Ana County, Santa Fe County, and San Juan County.

New Mexico Department of Workforce Solutions broke down cannabis employment data in comparison to non-cannabis jobs. The agency wrote that 39.3% of New Mexico jobs during Q4 2022 were cannabis related, whereas 35.5% of the state’s job force was working in other industries. This includes trade, transportation, and utilities (11.1%), leisure and hospitality (8.4%), education and health services (4.4%), professional and business services (4.2%), and numerous other categories that fall at two percent or less.

One line graph compared the cannabis and non-cannabis wage records. “One reason why members of this cohort may have left their previous place of employment to work in the cannabis industry is to earn higher wages,” the report stated. “Analyzing their wage records shows that their average weekly wage increased once they joined the cannabis industry.”

In Q4 2022, the average cannabis worker was receiving $560 per week in wages. “We then compared this average weekly wage to the wages of all workers working for privately-owned firms in the fourth quarter 2022,” the authors continued. “All industry sectors had an average weekly wage higher than $560 except for accommodation and food service. That industry had an average weekly wage of $474, a difference of $86. The data shows that for some people, the grass is greener in the cannabis industry.”

As of April 2023, New Mexico’s recreational cannabis industry collected more than $300 million. Recreational cannabis sales went into effect in April 2022, and within that year, regulators issued an estimated 2,000 cannabis licenses across the state (633 retail licenses, 351 producers, 415 micro producers, and 507 manufacturers). “In just one year, hundreds of millions of dollars in economic activity has been generated in communities across the state, the number of businesses continues to increase, and thousands of New Mexicans are employed by this new industry,” said New Mexico Gov. Lujan Grisham in April. “I’m excited to see what the future holds as we continue to develop an innovative and safe adult-use cannabis industry.”

In April, the cannabis job data company Vangst released an annual report about the growth and decline of jobs in specific cannabis markets. The top states for cannabis job growth included New Mexico among others such as Missouri, Michigan, New Jersey, Florida, Montana, Ohio, Massachusetts, Maine, and Illinois. In 2022, it showed that New Mexico gained 2,532 cannabis jobs, which is a 63% gain compared to the previous year. As of February 2023, total cannabis jobs sat at 6,565.

While Vangst data showed that because more states like New Mexico, Arizona, Nevada, Oklahoma, and Montana have legal medical and/or recreational industries, states like Colorado have begun to see a decline in jobs. Overall, the states that lost the most cannabis jobs included California (12,600 jobs lost), Colorado (10,481), Oklahoma (7,224), Oregon (4,278), Nevada (3,276), and Arizona (1,737).

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Regulators in New Jersey last week issued fresh employment guidance for cannabis use among workers, as the state navigates through a new era of marijuana legalization.

The guidance from the New Jersey Cannabis Regulatory Commission, handed down on Wednesday, was meant as “a first step towards formulating and approving standards for Workplace Impairment Recognition Expert certifications,” the agency said in the announcement.

The commission said that the guidance, coupled with the Reasonable Suspicion Observation Report Form, “is meant to support employers’ right to create and maintain safe work environments, and to affirm employees’ right to due process.”

“The purpose of this guidance is to clarify and explain the NJ-CRC’s understanding of the existing legal requirements under the governing law,” the commission said in the guidance. “This guidance does not impose any additional requirements that are not included in the law and does not establish additional rights for any person or entity. Please note, however, that adverse employment actions may impact employees’ protected rights under various laws including, but not limited to, state and federal anti-discrimination laws. When incorporating this guidance, employers should ensure compliance with all state and federal employment laws.”

Most notably, the guidance affirms certain rights of employers under the new adult-use cannabis law in New Jersey, while also maintaining an employers’ rights to enforce certain workplace policies.

The Cannabis Regulatory Commission said that “employees cannot be acted against solely due to the presence of cannabis in their body, that but [sic] employers have the right to drug test on reasonable suspicion of impairment.”

“Striking a balance between workplace safety and work performance and adult employees’ right to privacy and to consume cannabis during their off hours is possible,” Jeff Brown, the executive director of the New Jersey Cannabis Regulatory Commission, said in a statement on Wednesday. “We have been doing that with alcohol without thought.”

The outlet NJBIZ reports that “an employer cannot use the test alone to take disciplinary action against the employee [and] the employer must combine the results with ‘evidence-based documentation’ of impairment during the employee’s work hours,” and that the “new guidance is intended to be used until the CRC implements WIRE certification standards, which will be used to detect impairment from cannabis or other substances for employees or contractors.”

WIRE, which stands for “Workplace Impairment Recognition Expert standards, are “to be issued to full- or part-time employees, or others contracted to perform services on behalf of an employer, based on education and training in detecting and identifying an employee’s usage of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents,” the commission said.

“A scientifically reliable objective testing method that indicates the presence of cannabinoid metabolites in the employee’s bodily fluid alone is insufficient to support an adverse employment action,” the commission said in its guidance. “However, such a test combined with evidence-based documentation of physical signs or other evidence of impairment during an employee’s prescribed work hours may be sufficient to support an adverse employment action.”

Legal adult-use cannabis sales in New Jersey officially launched in April following the passage of a ballot measure in 2020 to legalize recreational pot in the state.

In August, the Cannabis Regulatory Commission said that the state generated almost $80 million in the first ten weeks of legal marijuana sales.

“The market is improving. It is performing as we expect with the current number of dispensaries, the spread of locations, and the high prices,” Brown said in a statement at the time. “As more cannabis businesses come online, consumers won’t have to travel as far to make purchases, and prices will fall with increased competition. The market will do even better.”

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Workers in the nation’s capital won’t have to worry about getting canned over cannabis, under a bill passed by the Washington, D.C. city council on Tuesday.

The measure, known as the “Cannabis Employment Protections Amendment Act of 2022,” was approved unanimously by the governing body.

It now awaits the signature of Washington, D.C. Mayor Muriel Bowser. According to National Public Radio, if Bowser were to sign it, “the bill will become law after a 60-day congressional review and the bill’s publication in the District of Columbia Register.”

The bill does not apply to every employee working in D.C. As the Washington Post noted, the law would “[make] exceptions, however, for workers in ‘safety-sensitive jobs,’ including operators of heavy machinery, construction workers, police and security guards who carry weapons and medical professionals.” And, of course, the law would not protect the scores of federal employees from facing discipline if they tested positive for cannabis.

The federal government, however, continues to exert its authority over Washington, D.C.’s cannabis laws.

Voters in D.C. approved a measure legalizing pot use for adults back in 2014, but recreational cannabis sales are still illegal.

That’s because Congress, which has authority over D.C.’s laws, has barred the commercialization of weed in the city in every appropriations bill since the legalization measure passed eight years ago.

There was hope last year that Congress may finally end the restriction, after a draft bill introduced in the Senate last October did not include the provision.

Bowser’s camp applauded that at the time.

“The Senate appropriations bill is a critical step in recognizing that in a democracy, D.C. residents should be governed by D.C. values,” Bowser’s office said in a statement. “As we continue on the path to D.C. statehood, I want to thank Senate Appropriations Committee Chair, Senator Patrick Leahy, our good friend and Subcommittee Chair, Senator Chris Van Hollen, and, of course, our champion on the Hill, Congresswoman Eleanor Holmes Norton, for recognizing and advancing the will of D.C. voters. We urge Congress to pass a final spending bill that similarly removes all anti-Home Rule riders, allowing D.C. to spend our local funds as we see fit.”

Republicans, however, were not pleased.

“This one-sided process has resulted in bills that spend in excess of the Democrats’ own budget resolution and fail to give equal consideration to our nation’s defense. Their bills are filled with poison pills and problematic authorizing provisions, and they remove important legacy riders on topics like terrorism, abortion, and immigration that for years have enjoyed broad support on both sides of the aisle,” Senate Appropriations Committee Vice Chairman Richard Shelby said at the time.

By March, Shelby and the Republicans won out, as the final version of the appropriations bill maintained the ban.

Groups such as the Drug Policy Alliance and the American Civil Liberties Union lamented the development, saying that Washington, D.C. “remains the only jurisdiction in the country that cannot regulate marijuana sales or fruitfully tap into the public health and safety benefits of legalization.”

“In one hand, Congress continues to make strides in advancing federal marijuana reform grounded in racial justice, while simultaneously being responsible for prohibiting the very jurisdiction that led the country in legalizing marijuana through this lens from being able to regulate it. This conflict and contradiction must end now,” Queen Adesuyi, Senior National Policy Manager for the Drug Policy Alliance, said in March.

Despite the ban, some retailers in Washington, D.C. have still managed to sell pot, often through the practice of “gifting,” through which a business sells a product (often a t-shirt or hat) and then provides the customer with a “gift” of weed.

In April, the D.C. City Council rejected a proposal to crack down on those retailers.

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