Green isn’t just the color of cannabis, but cash, too. And thanks to your valiant efforts of consumption, the industry is looking to help out the economy. Info from the newly released MJBiz Factbook reveals that the economic impact of regulated marijuana sales in the U.S. could exceed a whopping $112.4 billion in 2024. That’s a 12% growth compared to last year. 

Overall, the Congressional Budget Office forecasts a slowdown in economic growth for 2024 due to higher unemployment levels and reduced inflation. As a result, the Federal Reserve is likely to lower interest rates starting in mid-2024. After this, economic growth is expected to rebound in 2025 (mark the year in your calendars hopefully you’ll have extra money for weed) and then level off in the following years. So, while 2024 isn’t likely going to be one of the best economic years on record, that’s not the cannabis industry’s fault. Without it, we’d be $112.4 billion poorer as a nation. And as new cannabis markets emerge, the industry is projected to contribute over $200 billion in additional spending to the U.S. economy by 2030.

While there were sales dips in established western markets (licensed retailers in California reported taxable sales exceeding $5.1 billion in 2023), marking a 4.7% decline from the previous year, according to the latest year-end data from the California Department of Tax and Fee Administration, you may have read about the California mass extinction), the cannabis industry continues to see growth through the expansion of new recreational and medical marijuana facilities in states like Maryland, Missouri, and New York. 

While it’s exciting to see that the cannabis industry is going to add hundreds of billions of dollars to the economy, keep in mind that MJBiz’s date doesn’t account for potential U.S. government actions like federal rescheduling or legalization, each of which could boost revenue and economic impact. While Biden has said he’d reschedule cannabis and expunge more cannabis convictions, he hasn’t turned out to be the great liberal hero who legalizes marijuana for all. Donald Trump has been all over the place when it comes to cannabis. Thirty years ago, he said drugs should be legal, but he has backpedaled in modern years to appeal to his conservative voter base. Twenty-five years later, at the Conservative Political Action Conference, he said that he thinks marijuana legalization is “bad” and that he feels “strongly about that.”

To come to the figure of $112.4 billion of economic impact, MJBizDaily applied some epic math by looking at comparable industries. Then, they used a standard multiplier to estimate projected sales for recreational and medical marijuana. The economic multiplier illustrates the broader economic impact of the cannabis industry. It suggests that for every dollar spent by consumers and patients at adult-use stores and medical marijuana dispensaries, an additional $2.50 is circulated into the economy. This money primarily benefits the local economies that sell the cannabis in the first place. 

Keep in mind that the economic impact of the marijuana industry is different from supply-chain revenue, which is commonly utilized to gauge an industry’s ‘total size.’ According to the MJBiz Factbook, total U.S. sales for adult-use and medical cannabis are projected to hit $32.1 billion in 2024 and rise to $58 billion by 2030. 

The term “economic impact” describes the effect of an industry (or an event) on the economy of the corresponding region or country. This includes economic growth, employment, wages, and overall economic activity changes. The economic impact includes direct impacts, such as the immediate benefits from business spending and salaries; indirect impacts, such as additional economic activity from local suppliers fulfilling new demands; and induced impacts, which happen from employees spending their paychecks locally. Knowing the economic impact helps stakeholders understand the economic value of different industries and make corresponding decisions. 

The projections represent the best estimates available for the ever-evolving marijuana industry, which is different from others as it operates under a complicated and ever-changing set of state regulations yet is still illegal federally (until, of course, we elect someone down to make some real progress). The cannabis industry is vast and includes agricultural, manufacturing, and retail sectors, as well as businesses that don’t sell weed but help the cause, like lighting suppliers and cannabis-friendly accounting firms. The number even includes 420-friendly events and hospitality businesses, which can really improve our economy, per the data, and make you feel good about taking part in your local cannabis community. 

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More than 440,000.

That is the approximate size of the cannabis industry’s labor force in this country, according to newly published research.

The data, compiled by Vangst and Whitney Economics, shows that the United States’ legal marijuana industry added almost 23,000 jobs last year, amounting to a 5.4% year-over-over increase.

That brings the total number of full-time workers in the industry to 440,445. 

The increase in 2023 may be a “sign that the business climate has begun to stabilize somewhat nationally after the turmoil of the past two years,” the report said.

More from the jobs report:

“Nationwide, annual cannabis sales increased to $28.8 billion in 2023, a 10.3% rise over 2022’s sales. That figure includes all state-regulated medical and adult-use sales, but does not include hemp-derived products. That’s good news for an industry that has endured strong headwinds. After a rough 2022 that saw a contraction of more than 10,000 jobs, sales and hiring stabilized and began trending slightly upward in the second half of 2023. Not all job markets expanded equally. Below the surface, a complex mix of factors were at play.”

But the report also pointed to regional variance in the U.S. weed market.

“The national 5.4% growth in jobs wasn’t spread evenly. Now more than ever, America’s cannabis industry is a state by-state, region-by-region job market. Young markets in recently legalized states continue to expand and create employment opportunities, while labor demand in mature markets contracts along with revenue and profit margins,” the report said.

The growth of the past year “was driven largely by steep-curve expansion in young Midwestern markets — Michigan, Missouri, and Illinois — and the moderate growth of East Coast markets like New York, New Jersey, and Connecticut,” it said.

“Meanwhile, mature markets in the West were hit by price compression, oversupply, and competition from hemp-derived products and unlicensed sales. They saw a decline in annual sales and the loss of thousands of jobs. In years past, the cannabis industry sailed steadily on through rough macroeconomic weather. Indeed, cannabis famously enjoyed a ‘Covid bump’ of expanded sales during a pandemic that battered most other storefront retail operations,” according to the report. 

“Not so with today’s challenges. The current era of high interest rates and expensive capital has hit cannabis with full force. Cannabis companies nationwide are delaying expansion due to the high cost of debt. As the Federal Reserve indicates it may start lowering rates in later 2024, it’s tough to justify locking in a loan at today’s high rates when cheaper money may become available a few months down the road. Add to that a cash flow concern percolating in many markets: More and more vendors are delaying invoice payments in order to cover their short-term costs. A recent Whitney Economics survey found that 82% of cannabis companies are struggling with accounts receivable issues. That impacts a business’ ability to pay the industry’s famously onerous local, state, and federal taxes — and dampens a company’s ability to hire more staff.”

Vanst and Whitney said that there are “bright spots on the horizon” after a period of “alarming revenue decline” in the industry.

Last year’s jobs report from the two firms found a loss of more than 10,500 jobs in America’s cannabis industry, which was a first.

“Stretching back to 2014, when the first legal adult-use stores opened in Colorado and Washington, the industry had enjoyed job growth of 15% to 41% year-over-year. For nearly a decade, cannabis was America’s fastest-growing industry,” the report explained.

But that changed in 2022, “when a postpandemic sales slump coincided with investment pullback, global inflation, rising interest rates, depressed wholesale prices, and changes in consumer purchasing patterns. But while those problems didn’t vanish in 2023, the industry’s job growth was spurred by “the expansion of new and maturing markets in the Midwest and East Coast.”

“After an alarming revenue decline, mature markets like Colorado should find a solid landing point and settle into their natural equilibrium over the next 12 to 24 months. Slow-growing markets like New York will continue to expand, and the newly legal Ohio market should open its first retail stores by the end of the year. Meanwhile, lower interest rates in the second half of 2024 are expected to open up the lending window and provide more cash for thriving companies to expand and add needed staff,” the report said.

“And, as always, federal reform looms out there as a medium-term unknown.

Few expect a significant reform measure (SAFER banking or — long shot — federal legalization) to win approval in Congress prior to 2025. The Biden Administration’s effort to move cannabis to Schedule III continues to grind away, and predictions vary as to the real effects of rescheduling — everything from the unleashing of a new era of post-280E prosperity to a more muted financial effect accompanied by uncertainty around the FDA’s regulatory role.”

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Two influential Utah state lawmakers have joined forces to advance legislation that would cut funding to cities that refuse to recognize medical marijuana as a legitimate medical therapy. 

Utah voters approved the medical use of cannabis in a 2018 ballot measure that passed with nearly 53% of the vote. Following the passage of the initiative, the state legislature approved a regulatory plan that essentially treats medical cannabis as a traditional prescription drug. Under the plan, cannabis is still considered a controlled substance but patients are allowed to use medical marijuana like they would any other prescribed medication.

Democratic Senate Minority Leader Luz Escamilla, however, says that some local governments have refused to accept medical cannabis as a legitimate medical treatment and are discriminating against public employees who are registered medical marijuana patients. Escamilla says that some cities have questioned employees about their status as medical cannabis patients and disciplined those who say they have received a medical cannabis card.

“At the end of the day they are in violation of state law,” Escamilla told local media. “It’s very clear you don’t get to force people to tell you they’re using controlled substances as a prescription. This is a recommended, prescribed medication and they’re treating them differently. That’s what we’re trying to prevent.”

Escamilla is backing a bill that would make minor adjustments to the state’s medical marijuana program. To address employment discrimination by local governments, the legislation would also cut funding to cities that discriminate against medical marijuana card holders. The measure, Senate Bill 233 (SB 233), was advanced by the Senate with a voice vote on Tuesday after the measure’s third reading in the chamber.

Bill Has Bipartisan Support From Senate Leadership

The legislation is supported by Escamilla, the bill’s chief sponsor, and Senate Majority Leader Evan Vickers, a Republican, giving the measure substantial clout in the upper chamber of Utah’s state legislature. Medical marijuana advocates including the Utah Patients Coalition also support the bill. 

“Despite the clear legal framework supporting their rights, several public employees have still faced unwarranted discrimination and removal from positions for simply exercising their lawful right to access medical cannabis,” Desiree Hennessy, the group’s executive director, said in a statement. “SB 233 provides a long-awaited mechanism to encourage compliance with state law through the potential withholding of funding, helping to shield state workers from discrimination regarding their medication.”

Despite the bill’s bipartisan support in the state Senate, SB 233 is now facing public opposition. The Utah Eagle Forum, an influential socially conservative group, has come out against the bill, saying the measure would jeopardize public safety.

“This bill would penalize state agencies and political subdivisions that try to enforce safety regulations against a medical marijuana card holder,” Gayle Ruzicka, the president of the Eagle Forum, wrote in an email to supporters. “This may allow a cardholder who may be impaired to work in positions, such as a heavy machine operator, a motor vehicle driver, or a child care provider. We must have exceptions and a way to protect the public.”

The statement from the group led to objections to the legislation from some lawmakers, including Senator Todd Weiler and Senator Mike Kennedy, both Republicans. However, Escamilla noted that there are provisions that prohibit workers from being under the influence of medical cannabis while on the job. She also noted that Utah’s medical marijuana laws do not allow police officers to register as patients because of conflicts with firearms laws.

Acknowledging the objections to the bill, Escamilla said that she is willing to negotiate with fellow lawmakers to modify the bill, including defining a specific percentage of funding cities would lose if they discriminate against medical marijuana patients.

Before SB 233 can become law, it must receive final approval in the Senate before heading to the Utah House of Representatives. If passed by the House, the measure would also require the signature of Republican Governor Spencer Cox.

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Applicants for employment in Washington gained new protections on Monday as a new law barring discrimination based on a worker’s off-duty cannabis use went into effect throughout the state. The legislation, Senate Bill 5123, was signed into law by Democratic Governor Jay Inslee in May 2023 after being passed by state lawmakers three weeks earlier.

Under the new law, employers in Washington are barred from taking action against newly hired workers for using cannabis off the job and away from the workplace. The prohibition also applies to new employees who have failed an employer-required drug screening for non-psychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids.

Pre-employment drug screenings for cannabis will still be allowed for workers applying for certain safety-sensitive positions. The legislation also includes exceptions for law enforcement officers, firefighters and other first responders, as well as candidates for positions in certain industries such as airlines and aerospace. Jobs that require a federal background check or security clearance are also exempt from the law.

Drug Tests Still Allowed for Current Workers

The new law also does not affect workplace policies that require current workers to undergo drug tests for cannabis use while off the job. As the bill was being considered by the Washington state legislature last year, Democratic Senator Karen Keiser, the bill’s sponsor, noted that the legislation does not apply to employees after the hiring process is completed. 

“If your employer wants to test you every week after you’re hired, they’re still able to do that,” Keiser said in a statement quoted by the Seattle Times. “This is simply opening the front door of getting into a job. Because too many people who see that they have to take a drug test to even apply, don’t even apply.”

Supporters of the legislation note that most currently available drug screenings for cannabis do not detect or measure impairment from marijuana use. Instead, they rely on detecting metabolites present in the system after a person uses weed. Burl Bryson, the executive director of The Cannabis Alliance, told lawmakers at a public hearing in January that potential job candidates can consume cannabis legally “and still test positive for weeks later.”

“If the same approach were applied to alcohol, employers would refuse employment to anyone who enjoyed a beer or glass of wine on the weekend,” Bryson said.

“It simply doesn’t make sense to base an employment decision on that kind of unreliable outcome and test,” Keiser told her colleagues on the Senate floor before they voted in favor of the legislation.

Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said that laws for workplace drug screenings must evolve as cannabis is legalized in states across the nation.

“Urine screening for off-the-job cannabis consumption has never been an evidence-based policy,” he said in a statement from the cannabis policy reform advocacy group in May. “Rather, this discriminatory practice is a holdover from the zeitgeist of the 1980s’ war on drugs. But times have changed; attitudes have changed, and in many places, the marijuana laws have changed. It is time for workplace policies to adapt to this new reality and to cease punishing employees for activities they engage in during their off-hours that pose no workplace safety threat.”

“Those who consume alcohol legally and responsibly while away from their jobs do not suffer sanctions from their employers unless their work performance is adversely impacted,” Armentano added. “Those who legally consume cannabis should be held to a similar standard.”

NORML noted that numerous studies have shown that workers who use cannabis while off the job do not pose an increased safety risk compared with employees who do not consume marijuana. In a detailed review of the relevant data, the US National Academy of Sciences found that “There is no evidence to support a statistical association between cannabis use and occupational accidents or injuries.”

Washington is not the only state where laws protecting workers who use cannabis while off the job are going into effect with the dawn of the new year. In California, a new law to prohibit employers from taking action against employees who test positive for cannabis in a hair or urine test also went into effect on Monday.

Nevada and Michigan have also recently adopted legislation to protect new hires from pre-employment discrimination based on their use of cannabis. Other jurisdictions including Connecticut, the District of Columbia, Montana, Minnesota, New Jersey, New York and Rhode Island have expanded policies to limit cannabis testing for both new hires and existing employees. 

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A new law went into effect in Nevada on January 1 making several changes to the state’s cannabis laws, including a provision that doubles the state’s limit on weed possession. The measure, Senate Bill 277, was passed by Nevada lawmakers this spring before being signed into law by Republican Governor Joe Lombardo on June 14.

Senate Bill 277 makes several significant changes to Nevada’s cannabis regulations. In 2001, the state legalized medical marijuana, followed by the legalization of adult-use cannabis with the passage of Question 2, a 2016 ballot measure that legalized recreational marijuana in the state for adults 21 and older.

The legislation more than doubles the possession and purchase limits for recreational marijuana in Nevada, raising the cap from one ounce of cannabis to 2.5 ounces. The measure also doubles the limits for cannabis concentrates from one-eighth of an ounce to a quarter ounce.

The legislation also permits all adult-use cannabis dispensaries in Nevada to sell cannabis products to medical marijuana patients. Beginning next year, state cannabis regulators will no longer be able to issue new licenses for medical marijuana businesses, except in areas of the state that have prohibited the operation of recreational cannabis dispensaries.

Democratic state Senator Dallas Harris, the sponsor of the bill, said that allowing medical dispensaries to serve recreational cannabis customers is one of the most significant provisions of Senate Bill 277 for Nevada’s regulated cannabis industry.

“That’s one of the big changes, (but) I think there are a bunch of things in the bill that are really designed to be business-friendly and moving our cannabis industry into the next phase,” said Harris told the Las Vegas Sun after the bill was approved.

Harris added that separating medical and recreational cannabis licenses was needed when adult-use cannabis legalization went into effect. But as the market matures, he said that it makes sense to eliminate some of the red tape in Nevada’s cannabis regulations.

“It’s going to cut down on some of that administrative burden for a lot of our operators, which are generally dual licensees to begin with,” Harris said. “It made sense when we originally set up our structure so that we had separate licenses because we had medical first, then we had adult use. But now given the industry is up on its feet, I think it just makes sense to streamline that process.”

New Law Eases Cannabis Industry Employment Restrictions

Senate Bill 277 also eases a ban on individuals with felony convictions from operating or working at cannabis businesses in Nevada. Under the approved legislation, the Nevada Cannabis Compliance Board has been given the authority to issue licenses to businesses with stakeholders that have prior felony convictions if the agency “determines that doing so would not pose a threat to the public health or safety or negatively impact the cannabis industry in this State,” according to the text of the legislation. 

To comply with the change, the board will be required to “impose any conditions and limitations on the granting of an exemption that the Board determines necessary to preserve the public health and safety or mitigate the impact of granting the exemption on the cannabis industry in this State.”

The legislation also amends a ban on those with certain prior felony convictions from being employed in Nevada’s regulated cannabis industry. Under the bill, individuals with such convictions will be permitted to petition the Nevada Cannabis Control Board (CCB) to obtain an agent card that allows them to work at a licensed cannabis business without first having their records expunged. 

“So right now, the CCB is able to receive petitions from folks with felonies and they are given essentially a court-like process that they have to go through,” said Bri Padilla, executive director of the Las Vegas Chamber of Cannabis. “And they are also going to be given a hearing. They’re given a decision by the CCB after a background check and a criminal record pull, then the CCB will advise on whether they’re rehabilitated or not and provide or deny them an agent card for X, Y or Z reason.”

Nevada’s new cannabis reform law also tasks the state Cannabis Advisory Commission with conducting a study to determine the potential effects that ending the federal prohibition of cannabis and removing marijuana from the state’s Uniform Controlled Substances Act would have on the regulated cannabis industry. The legislation also requires state regulators to consider if a proposed change to Nevada’s cannabis regulations “is likely to have an adverse effect on the environment and, if so, whether there are any methods to reduce or eliminate that adverse effect which would not impose an economic burden on holders of an adult-use cannabis establishment license or medical cannabis establishment license.”

Portions of Senate Bill 277 went into effect as soon as the legislation was passed in June. The remainder of the new law, including the increase in the limit on cannabis possession, became effective on January 1.

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California workers who use cannabis will gain new employment protections under two laws that go into effect beginning on January 1. Under legislation passed by the California legislature last year, employers will be barred from discriminating against workers who test positive for cannabis in some drug screenings, while a separate measure passed in 2023 prohibits employers from asking employees or job candidates about their off-duty use of marijuana.

Under Assembly Bill 2188 (AB 2188), which was signed into law by California Governor Gavin Newsom in 2022, employers will no longer be able to fire or discipline employees who test positive for cannabis in a urine or hair test. The bill also applies to job applicants, who cannot be denied employment based on the results of such drug screenings. The law does not prevent employers from using other drug tests for cannabis use, including blood or saliva tests. 

The new law has exceptions for employees in the building and construction industry. The measure also exempts workers and job applicants for positions that require a federal background check or security clearance.

Newsom signed the bill last year in conjunction with other cannabis-related legislation. At the time, the governor said in a press release that “rigid bureaucracy and federal prohibition continue to pose challenges to the industry and consumers.”

Many Drug Tests Are Unreliable

Cannabis policy reform advocates have long been critical of drug screenings that rely on hair or urine samples because they can return positive results weeks after the person being tested used marijuana and do not indicate impairment at the time the sample was taken. Dale Gieringer, director of the California chapter of the National Organization for the Reform of Marijuana Laws (CalNORML), said that the legislation going into effect on January 1 improves the employment conditions for California’s workforce.

“Testing or threatening to test bodily fluids for cannabis metabolites has been the most common way that employers harass and discriminate against employees who lawfully use cannabis in the privacy of their own homes,” Gieringer said in a statement from the cannabis policy reform advocacy group. “These new laws will end that practice without impacting workplace safety. Numerous studies have found that workers who test positive for cannabis metabolites have no higher risk of workplace accidents.”

A separate piece of legislation passed earlier this year to clarify AB 2188, Senate Bill 700 (SB 700), amends California’s Fair Employment and Housing Act to ban employers from asking job applicants about their use of cannabis while off the job. Employers are still permitted to ask job candidates about their criminal history, but they may not use information about their prior use of cannabis that is related to their criminal history unless otherwise permitted by law.

Jessica Hanson, CEO of cannabis seed company Symple Seeds, said that the new legislation is a positive step for both workers and the regulated cannabis industry. 

“These new laws represent a significant victory for California’s workers and the legal cannabis industry,” Hanson wrote in an email to High Times on Wednesday. “By limiting employer inquiries about off-duty cannabis use and banning outdated testing methods, California sends a clear message: responsible adults should not be penalized for exercising their legal rights outside the workplace. This is a welcome step towards building a fairer and more mature cannabis industry.”

The National Federation of Independent Business has characterized the new laws as one of the top five “compliance headaches” for small business owners in California for 2024. The California Chamber of Commerce expressed opposition to AB 2188 in its original form, saying the bill was a “job killer,” according to a report from public policy news site CalMatters. The business group later dropped its opposition to the legislation after lawmakers revised the bill.

Both AB 2188 and SB 700 go into effect on January 1.

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Cleveland, Ohio’s mayor announced the city would end its “antiquated” rules for employment, specifically removing the practice of drug-testing job applicants for cannabis.

Mayor Justin M. Bibb announced Dec. 7 that the City of Cleveland has “modernized” its Drug and Alcohol Testing Policy to remove certain language around pre-employment cannabis testing that previously automatically disqualified job applicants. It’s his latest move after pushing to expunge low-level cannabis convictions.

Pre-employment testing for city jobs will now be limited to only a few select positions that are identified as safety or security-sensitive, as well as positions that fall under the federal government’s Department of Transportation (DOT).  

The announcement was released on the same day that Issue 2 became law. Over 57% of voters in Ohio—and over 75% of Clevelanders—approved the bill 30 days ago. That means Cleveland residents approve of adult-use cannabis, three to one.

“The criminalization of marijuana in our state and the punitive effects it has had on education, housing, and employment opportunities have lasted far too long, but will eventually be a thing of the past—thanks to Ohioans who made their voices heard loud and clear last month when they voted to approve Issue 2,” said Mayor Bibb. “We are proud to continue leading the way by rolling out these updates, which builds on our prior marijuana reform efforts and other initiatives aimed at improving our HR policies.”

The following jobs are considered safety sensitive and will continue to drug test for pot:

• Police
• Fire
• EMS
• Department of Port Control
• Positions requiring a commercial driver’s license (CDL)
• Positions operating heavy equipment or mechanical tools

“We are constantly evaluating our policies to ensure they align with the needs and desires of both our current and prospective employees,” Director of Human Resources Matt Cole said in the release. “Pre-employment screening can oftentimes create obstacles in filling open positions by preventing otherwise qualified candidates from even applying. These policy updates are more cost-effective and will ultimately help us widen the applicant pool for several city positions.”

The city of Baltimore, as well as Washington, Nevada, and Montana have enacted similar policies, and leaders in Cleveland noticed. Despite these changes, the city will still follow rules and regulations when it comes to the Drug-Free Workplace Act.

“Maintaining a drug-free workplace is needed for obvious reasons, but it’s also important for us to be cognizant of the fact that the state is still finalizing regulation, taxation, and licensing terms and processes,” Law Director Mark Griffin said in the release. “We will be keeping a keen eye on how things get sorted out in the legislature and court system, and will adapt procedures and update policy as necessary as the situation evolves in Columbus.”

Mayor Justin Bibb

The city noted that in 2022, the Bibb Administration filed motions to expunge over 4,000 cannabis-related conviction records and then pushed for changes to State law to simplify the expungement process. 

Thanks to these efforts, Ohio Senate Bill 288 was signed into law and took effect last April, allowing city officials to expunge records more efficiently and effectively. City officials also have partnered with other agencies to hold multiple expungement clinics.  

The Bibb Administration has also spearheaded various other HR policy-related updates since the mayor took office, including opening City Hall’s first gender-inclusive restroom last June and offering employees a new comprehensive paid parental leave policy.

Bibb was young when he won office at age 34 as the city’s first millennial mayor. Last May, he moved to expunge low-level cannabis convictions. 

“I talked to so many residents who couldn’t get a job, who couldn’t get access to a student loan, who couldn’t get access to qualify for housing because they had collateral sanctions on their record, many of which stem from low-level marijuana convictions,” Bibb said.

Grants to cover filing fees and expungement clinics are rolling out to make expungements possible. “We knew we were going to face some uphill battles in the legal system,” he said.

Bibb also advocated for Senate Bill 288, which was signed into law by Ohio Gov. Mike DeWine last January. The bill helps enable the city of Cleveland to provide expungements by removing barriers that previously hindered Bibb’s attempts to expunge records even earlier.  

“We try to fight on behalf of our residents,” Bibb said.

The Bibb administration also worked to notify eligible people with cannabis conviction records. After that, the city filed motions on behalf of those people using a $10,000 grant to help pay for filing fees related to expungement and the sealing of records. The city is working with organizations to host expungement clinics where people can file and close their cases, without going to court. 

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A series of amendments to state law prohibit employers from discriminating against job applicants based on past or off-the-clock pot use, and the list of jobs now includes police officers. 

Per a bill signed by Gov. Gavin Newsom last October, law enforcement officials in California are updating employment policies for police officers—specifically, removing questions for police job applications about past cannabis use.

Dec. 7, the Commission on Peace Officer Standards and Training issued a bulletin announcing changes in the way aspiring police officers are asked about prior pot use. The bulletin arrives 30 days after a new California law went into effect, which affects law enforcement jobs and many other types of jobs against discrimination surrounding off-the-clock pot use.

Newsom signed Senate Bill 700, spearheaded by Senator Steven Bradford (D-Gardena), along with dozens of other bills Oct. 7. SB 700 amends Government Code section 12954, which “prohibits discrimination against a person in hiring, termination, or term or condition of employment, or otherwise penalizing the person for their use of cannabis off the job and away from their workplace.”

“To meet the provisions of GC § 12954, the POST Personal History Statement—Peace Officer and Personal History Statement—Public Safety Dispatcher forms have been modified to remove inquiries about a candidate’s prior cannabis use,” the bulletin reads. 

Specifically, questions 80-83 and questions 79-82 have been modified. General inquiries about an applicant’s prior criminal history will remain unchanged. The revised forms are available on the POST Website. Other provisions of GC § 12954, which was initially added to the Government Code by Assembly Bill 2188 (2022), pertain to drug screening tests. The Commission on Peace Officer Standards and Training does not require drug testing nor provide guidance in establishing drug use policies. Hiring agencies will need to determine how to adjust their drug testing and/or policies to meet this new law. 

“This law becomes effective January 1, 2024.” 

Employees of most types of jobs in California already are protected for off-duty pot use.

In Sept. 2022, Newsom signed Assembly Bill 2188, a bill from Assemblymember Bill Quirk (D) that makes it unlawful for employers of all kinds to discriminate against a person in hiring, termination, or any term or condition of employment for off-duty cannabis use.

“Existing law, on and after January 1, 2024, makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person because of the person’s use of cannabis off the job and away from the workplace, except as specified.”

The series of amendments make it harder for employers to punish employees and future employees from past pot use.

Other States Take Similar Actions

Some adult-use states have chosen to allow past pot use for aspiring police officers while others have not.

Nevada officials recently amended hiring standards for police officers to allow applicants to be eligible to apply, who would have been disqualified for certain cannabis-related offenses. Nevada’s Commission on Peace Officer Standards and Training (POST) voted to amend rules that prevented applicants from becoming a peace officer if they have been convicted of a drug-related offense.

Other states didn’t exactly follow the same pattern. A lawsuit filed last month aims to block officers on police forces in New Jersey from consuming cannabis, even off the clock.

The New Jersey Monitor reports that Jersey City Public Safety Director James Shea, filed an 18-page complaint on Oct. 16, arguing that because federal law prohibits anyone who uses a controlled substance including cannabis from possessing a firearm, Jersey City cannot employ police officers who consume adult-use cannabis. Shea was joined in his announcement with Mayor Steven Fulop and Jersey City Police Department officials.

The State of New Jersey, Matthew Platkin as Attorney General of the state of New Jersey, The New Jersey Civil Service Commission, Norhan Mansour, Omar Polanco, Mackenzie Reilly, Montavious Patten, and Richie Lopez are listed as the plaintiffs. 

“Police officers in New Jersey are required to possess and receive firearms in order to fulfill their duties as law enforcement officers. New Jersey legalized the regulated use of recreational marijuana/cannabis in New Jersey through passage of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act),” the lawsuit reads. “In doing so, New Jersey failed to address the impact of the federal firearm laws on the use of regulated marijuana/cannabis in New Jersey for persons who are required to possess and/or receive firearms or ammunitions as part of the job duties, including police officers in Jersey City.” 

California and other states are choosing to allow prospective police officers who used to smoke pot in the past.

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Most government jobs in Michigan will stop drug testing prospective employees for cannabis, per a rule change that took effect Sunday. The changes also provide people who’ve already been denied jobs over positive THC drug tests an opportunity to get the sanctions retroactively rescinded. The rule change was first proposed to the Michigan Civil Service Commission by John Gnodtke, State Personnel Director, on May 12.

At a July 12 meeting, the Michigan Civil Service Commission approved the proposed new changes and adopted rule amendments to allow rescinding active sanctions for some applicants who tested positive for cannabis in drug tests since 2020. 

“When a drug test is required, an appointing authority shall require testing for marijuana, cocaine, opiates, amphetamines, and phencyclidine, except that marijuana testing is not authorized for a preemployment drug test for a new hire to a position that is not test‐designated and cannot be used to rescind a conditional offer of employment to such a position,” the amended rule reads. “Before If an agency requires testing for other drugs, it must first obtain written approval from the director. A request must include the agency’s proposed initial test methods, testing levels, and performance test program. When conducting reasonable‐ suspicion or post‐accident testing, an agency may require testing for any drug listed in schedule 1 or 2.”

Commissioner Nick Ciaramitaro said the change is needed to comply with Michigan’s adult-use cannabis statute, which was approved via a statewide ballot measure in 2018. Voters also legalized medical cannabis 10 years earlier with the approval of the state’s 2008 ballot proposal.

“Whether or not we agree with it or not is kind of beyond the point,” Ciaramitaro told MLive. “Use of marijuana on the job is different than having used it months before you take the test … It doesn’t make sense to limit our ability to hire qualified people because they took a gummy two weeks ago.”

Michigan residents made the decisions to “treat marijuana, recreational marijuana, much like alcohol,” said Commission chair Jase Bolger.

Two years ago, Michigan Attorney General Dana Nessel sent a legal opinion to Michigan’s Unemployment Insurance Appeals Commission, which argued that employees fired from their jobs for cannabis use outside the workplace are technically still eligible for unemployment benefits per state law.

“Marijuana was not used on the job or on the employers’ premises, nor did it impair the employee during work hours,” Nessel’s office said in a statement at the time.

“The people spoke loud and clear when they voted in 2018 to legalize marijuana once and for all,” the Nessel said. “Nobody over 21 can be penalized or denied any right or privilege solely for legally using marijuana, and employers cannot control their employees’ private lives by calling the legal use of marijuana outside of work hours ‘misconduct.’”

Nessel’s argument appears to stand and go beyond unemployment benefits.

Positive THC Workplace Drug Tests Hits All-Time High

One major reason to update drug testing policies is its utter failure in deterring job candidates from refraining from smoking. Failed drug tests for THC hit an all-time high just months ago, according to one analysis.

According to a Quest Diagnostics Drug Testing Index Analysis that was published on May 18, post-accident workplace drug testing hit an all-time high in 2022. Last year, 7.3% workforce drug urine samples contained cannabis, in comparison to 6.7% of workers in 2021. Quest Diagnostics states that it has recorded a steady rise in post-accident cannabis positivity since 2012, with a 204.2% increase in workers testing positive for cannabis over the past 10 years. Between 2002-2009, post-accident positive test results had decreased.

The report indicates that cannabis was the primary reason that workers’s drug tests have been positive, but other substances such as amphetamines have also contributed to the increase, with cannabis increasing by 10.3% and amphetamines increasing by 15.4%. In 2022, the most common industries that saw a rise in positive workplace drug tests were Accommodation and Food Services (7%), Retail Trade (7.7%), and Finance and Insurance (3.6%).

In September 2022, New Jersey regulators issued employment guidance for cannabis rules in the workplace, which “is meant to support employers’ right to create and maintain safe work environments, and to affirm employees’ right to due process.”

Changes are taking place at the federal level as well. In February 2021, the Biden administration announced a new policy that would allow applicants to be hired even if they had previously consumed cannabis. “The White House’s policy will maintain the absolute highest standards for service in government that the President expects from his administration, while acknowledging the reality that state and local marijuana laws have changed significantly across the country in recent years,” the policy stated.

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A bipartisan pair of U.S. lawmakers last week introduced legislation to ease federal employment restrictions on cannabis use that deny employment opportunities for past and current marijuana users. The bill, titled the Cannabis Users Restoration of Eligibility (CURE) Act, was introduced on July 27 by Democratic Representative Jamie Raskin of Maryland and Representative Nancy Mace, a Republican from South Carolina who has been an outspoken supporter of federal cannabis policy reform.

“Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis,” Raskin said in a statement on Friday. “I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government.”

If passed, the CURE Act would prevent past or current marijuana use from being the basis for an applicant being found unsuitable for federal employment or the denial of a security clearance for federal workers. The legislation would also be applied retroactively, allowing workers or applicants who have been denied employment or a security clearance to appeal such denials.

“For too long, the federal government has been denying Americans civil service opportunities solely because of its outdated attitudes toward cannabis and those who consume it,” said Morgan Fox, political director at the cannabis policy reform group the National Organization for the Reform of Marijuana Laws (NORML). “Denying these millions of Americans consideration for employment and security clearances is discriminatory and it unnecessarily shrinks the talent pool available for these important jobs. NORML commends the sponsors for working to undo this policy and replace it with fair and sensible hiring and clearance practices that will put America on much stronger footing on the global stage.”

Bill Endorsed By Justice Groups

The CURE Act has been endorsed by justice reform advocates and cannabis industry groups including the Drug Policy Alliance, the Due Process Institute, Law Enforcement Action Partnership (LEAP), NORML and the U.S. Cannabis Council.

“Millions of patriotic, conscientious Americans use cannabis legally each year, but they are consistently penalized by outdated federal regulations,” said Ed Conklin, executive director of the U.S. Cannabis Council. “We strongly support the CURE Act because it will bring federal employment policies into line with the views of most Americans. Cannabis use should never prevent a qualified candidate from serving his or her country as a federal employee.”

The bipartisan bill is not the first effort to ease employment discrimination against cannabis users seeking a job with the federal government. In 2021, the federal Office of Personnel Management, an agency that sets “suitability” standards to determine whether an individual is fit to serve in a federal position, issued new guidance to clarify that past marijuana use should not automatically disqualify applicants or appointees from most U.S. government jobs. However, the agency emphasized that marijuana is still considered a Schedule I substance under the Controlled Substances Act. Additionally, the Drug-Free Workplace executive order of 1986 requires federal employees to refrain from using illegal drugs at all times.

“An individual’s disregard of federal law pertaining to marijuana while employed by the federal government remains relevant and may lead to disciplinary action,” the OPM wrote in the 2021 memo. “It is important to note that it is also the policy of the federal government to offer appropriate prevention, treatment and rehabilitation programs and services for federal civilian employees with drug problems.”

Also in 2021, the Office of the Director of National Intelligence, which sets security standards for access to classified information, issued new guidance to clarify that past marijuana use should not be the sole reason someone is denied a security clearance. The guidance stresses that the illegal use of any controlled substances “can raise security concerns about an individual’s reliability and trustworthiness to access classified information or to hold a sensitive position, as well as their ability or willingness to comply with laws, rules, and regulations.”

However, the guidelines also instruct agencies that prior recreational marijuana use by an individual “may be relevant to adjudications but not determinative” in issuing a security clearance. The guidance references a 2017 security directive that tells agencies to apply the “whole person concept” to the decision for granting a security clearance.

“There are many talented and dedicated people who have used cannabis and want to serve their country,” said Terry Blevins, a former civilian investigator for the Department of Defense, Arizona police sergeant, and LEAP board member. “Compromising recruitment by our federal agencies with antiquated cannabis laws makes our nation less safe in the face of security threats we face globally.”

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