Make Way for Massachusetts

The Massachusetts Cannabis Control Commission (CCC) recently shared that the state collected $1.8 billion in cannabis sales during 2023. The figure reflects a combined total of recreational cannabis sales ($1.56 billion) and medical cannabis sales ($225 million). That’s a significant increase between total sales from 2022, which landed at a total of $1.49 billion ($1.42 billion for adult-use sales and $260.2 million for medical cannabis sales). “This continued growth confirms that Massachusetts’ regulated marijuana industry is still a maturing market,” CCC acting chair Ava Concepcion said in a press release. “As more retailers and delivery licensees come online, flower prices start to stabilize, and the stigma surrounding cannabis slowly dissipates—legal, tested products are becoming more accessible, affordable, and approachable than ever before, and that’s reflected in the multiple sales records licensees broke in 2023.”

Sales from December 2023 showed the highest amount of sales collected for a single month at $140.1 million, surpassing the previously highest month for sales since August 2023. Massachusetts’s adult-use cannabis industry was approved by voters in November 2016, and sales first began in November 2018. Over time, the cost of cannabis flower has greatly decreased, with the CCC recording the price of an average ounce at $14.13 in December 2020 that dropped to $5.66 per ounce as of December 2023. In year-to-date milestone statistics for Massachusetts’s adult-use cannabis industry, which began in December 2018, it collected $1 billion in sales in October 2020, $2 billion in August 2021, $3 billion in April 2022, $4 billion in December 2022, and $5 billion in August 2023. 

Sales, Jobs, & More!

Ever since Michigan launched adult-use sales in December 2019, the state has become one of the fastest growing cannabis industries. Following the release of December 2023 sales data, the Michigan Cannabis Regulatory Agency (CRA) shared that the state collected a total of $3.06 billion in combined adult-use and medical cannabis sales in 2023, which is major growth compared to sales collected in 2022 ($2.3 billion in combined sales). CRA executive director, Brian Hanna, told WGVU Public Media that the continued success of Michigan’s adult-use cannabis industry is due to a few factors, including cannabis tourism. “We are a state that has an adult use program surrounded by states that don’t,” Hanna told the news outlet. He also added that based on the $3.06 billion from 2023 cannabis sales, that would equate to $305 per capita, or an average amount per person.

Sales aren’t the only increase seen in the Michigan cannabis industry, as Hanna told Crain’s Detroit that there has been an increase in job opportunities as well. 

“As we head into 2024, the CRA continues to focus on transparency and communication, working with stakeholders as the industry continues to grow,” said Hanna. “We’re committed to supporting Michigan’s cannabis licensees who currently employ over 35,000 employees, a 23% increase from December 2022.”

State in Decline

Data published by the Oklahoma Medical Marijuana Authority (OMMA) on Feb. 1 in its monthly licensing report show a continued decrease in overall active cannabis business licenses, as well as patient numbers. While OMMA data from February 2023 shows that the state once had 11,974 active cannabis business licenses in total, that number has decreased to 8,025 licenses as of February 2024. This total includes 4,347 cultivator licenses, 2,293 dispensary licenses, 1,248 processor licenses, 98 transportation licenses, and 26 lab testing licenses.

Oklahoma voters made it clear that they don’t want adult-use legalization when they rejected Oklahoma State Question 820 in March 2023, but February 2024 data shows that medical cannabis patient numbers are also dropping as well. In February 2023, Oklahoma had 369,468 active medical cannabis patient cardholders and 1,554 caregivers, and 2024 numbers reflect a decrease to 345,308 licensed patients and 1,304 caregivers.

In response to significant oversaturation in the cannabis industry, Oklahoma Gov. Kevin Stitt signed House Bill 3208 in May 2022 to implement a moratorium on cannabis business licenses. The ban was extended in May 2023, and is currently set to last until at least August 2026. However, according to an OMMA-commissioned report called “Cannabis Public Policy Consulting” that was published in June 2023, Oklahoma still had 32 times more cannabis than necessary in order to meet the demand of approximately 355,000 medical cannabis patients (the OMMA’s patient number for that month).

Parity in Pricing

Both legal and illegal Canadian cannabis prices are nearly the same, according to a recent data revelation. A company called Deloitte, which offers audit, consulting, tax, and advisory services, alongside publication collaborator Neobi, recently published a report entitled “Clearing the Smoke—Insights into Canada’s Illicit Cannabis Market.” The research report evaluated 624 legal and 57 illegal online stores in Canada between May and June 2023. One of the study’s most notable observations included a flower price comparison from both legal and illegal stores—which stated that the price difference showed that illegal flower was only 20% cheaper. When reviewing varying flower prices between one gram and up to 28 grams, the average price from illegal cannabis was $6.24 per gram, compared to $7.96 per gram for flower in legal stores. 

“The gap in prices has considerably narrowed since the last pricing comparison performed by Statistics Canada in Q4-2019, when illicit flower products were priced 55% lower, with the current average price at $5.73 per gram for the legal market—indicating that declining prices in the legal market may have contributed to more capture of the market,” authors of the report explained. 

Other findings included how legal stores had fewer stock keeping unit (SKU) counts (538) compared to illegal websites (918). When examining the breakdown between product percentages, legal storefront inventory included 25.6% flower, 25% pre-rolls, 16.1% edibles, 13.1% extracts, 11.1% vapes, 6.6% beverages, 2.2% topicals, 0.3% seeds, and 0.0% for other psychedelics that are currently illegal. Illegal store inventory looks quite different though, with 36.9% of all inventory being flower, followed by 2.6% pre-rolls, 15% edibles, 32.7% extracts, 4.3% vapes, 0.5% beverages, 0.9% topicals, and 7.1% other psychedelics.

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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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The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently released a report sharing new data on U.S. truck drivers. The report consists of a year-end compilation of data from 2023, as well as data specifically from December 2023, published by the Drug and Alcohol Clearinghouse. This includes other data regarding “queries conducted, violations reported, and drivers in the return-to-duty (RTD) process.”

The report shows that there has been an increased number of truck drivers with positive drug tests in 2023, as well as a high number of drivers who refused to be screened. The number of registered truck drivers has dropped every year since 2020, landing at the current number of 858,000 in 2023. Trucker drug violations rose between 2022 and 2023, with 67,775 recorded in 2022, followed by 68,229 in 2023. However, the number of trucker drug tests decreased, with 57,597 in 2022 and 54,464 in 2023. 

The FMCSA wrote that there were fewer trucker screenings overall because they refused to be tested. “We’ve observed that even though the number of positive drug tests dropped for the first time in relation to the previous calendar year, the number of overall drug violations reported to the Clearinghouse continued to increase.”

“The overall rise in drug violations in 2023, even though there are fewer positive tests, is attributed to a nearly 40% increase in reported drug test refusals—9,214 in 2022 versus 12,804 in 2023,” the report stated. “Drug test refusals include employer reported refusals like failing to show up for a random test, or leaving a test collection facility after a test has begun but before it’s complete.”

A more complete breakdown shows that in 2020, there were 44,243 positive drug tests (with 7,092 refusals). This was followed by 48,407 positive drug tests in 2021 (with 7,941 refusals), 57,597 positive drug tests in 2022 (with 9,214 refusals), and finally 54,464 positive drug tests in 2023 (with 12,804 refusals).

Alcohol drug tests are also conducted for truck drivers, although the rate of positive alcohol tests pales in comparison to positive drug tests. In 2020, 697 truck drivers tested positive for alcohol (with 257 refusals), followed by 859 positive tests in 2021 (with 305 refusals), 904 positive alcohol tests in 2022 (with 330 refusals), and finally 1,036 positive alcohol tests in 2023 (with 315 refusals).

Overall, drug tests had decreased over time for all major substances. This includes cannabis (40,916 positive tests in 2022 versus 37,657 in 2023), cocaine (10,953 in 2022 versus 10,326 in 2023), methamphetamine (5,569 in 2022 versus 4,515 in 2023), and amphetamine (5,349 in 2022 versus 4,222 in 2023).

The news outlet Transport Topics discussed the newest data from the report. The article points out that the one thing that hasn’t changed is that drivers who previously tested positive for one of the aforementioned drugs, a majority of them did not return to driving. “Of the 226,598 CDL/CLP [commercial driver’s license/commercial learner’s permit] drivers who tested positive for at least one drug since the Clearinghouse opened in January 2020, 158,330 remain in ‘prohibited driving status,’” Transport Topics wrote. “A total of 68,268 drivers with at least one violation are currently in ‘not-prohibited status,’ and 15,699 drivers have successfully completed follow-up testing.”

American Trucking Associations (ATA) senior vice president of regulatory affairs and safety policy, Dan Horvath, explained that the Clearinghouse system is the leading cause of a decrease in positive drug tests for truckers. “While there could be a few unknown variables that are impacting the decline, I’m cautiously optimistic that the decline in the number of positives is simply because the Clearinghouse is working,” Horvath told Transport Topics. “We are now more than four years into having an active Clearinghouse system, and I’m hopeful that the message is out there that illegal drug use will be detected.”

Horvath also added that this data shows the increase in education for truckers, and knowledge about the consequences of receiving a positive drug test. “Motor carriers have increased the education they provide to drivers to ensure they are aware of the consequences of testing positive. Now, we must ensure that oral fluid testing labs are approved so that carriers can begin using that testing method if they choose,” Horvath said. “ATA has also reiterated the need to correct and finalize the long-overdue hair testing guidelines that have been in Office of Management and Budget review for over a year now.”

American Transportation Research Institute senior vice president, Dan Murray, also provided a comment about the drug test changes seen in 2023 data. “2023 was a really bad year for the trucking industry.” We were technically in a recession,” said Murray. “So I think the number of people entering the industry was considerably smaller than the previous years.”

Murray believes that truckers are leaving the industry before they get drug tested, knowing what will happen. “So I think some people are proactively thinking ‘Well, before I get caught, I’m outta here,’” Murray explained. Additionally, he thinks that another portion of drivers don’t want to risk their jobs. “They say, ‘It’s not worth it to push my luck. If I use, I’m going to get tested. If I get tested I’m going to lose my job. So it’s time to clean up my act.’”

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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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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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The Bailiwick of Guernsey, located in the Channel Islands near the French coast, is a self-governing island referred to as a “British Crown Dependency.” Its population sits at 67,642, as of data collected by the United Nations in July 2023, which is the combined number between islands of Guernsey, Alderney, Sark, and Herm.

Recent reports show that with Guernsey’s three private cannabis clinics, medical cannabis was prescribed an estimated 13,200 times within the past year. More specifically, this number pertains to the number of prescriptions, but not necessarily the number of patients.

According to Deputy Marc Leadbeater, who is a member of the Committee for Health & Social Care as well as medical cannabis company director for House of Green, recently told BBC that the island’s industry needed “massive investment.”

However, he added that the delay in progress is due to people not genuinely in support of the industry. “The problem is a lot of the previous investors in medicinal cannabis are wary about investing in that area at the moment due to developments with cannabis legislation across the globe,” Leadbeater said. “I think we need new people that value the cannabis industry. They have no idea how much money can be made for Guernsey and when I tell them they don’t believe me.”

Licensed cultivation has been permitted since July 2021 in Guernsey. At the time, The Channel Islands Cannabis Industry Association called it a “significant milestone” that allows Guernsey to compete with medical cannabis industries on the Island of Jersey (located southeast of Guernsey) and the Isle of Man (which sits between the U.K. and Northern Island).

Currently only two cannabis companies—4C Labs and Pura Health—are allowed to “serve patients top quality imported products.” BBC reported that 4C Labs has a cultivation license but still plans to import cannabis from Canada.

Just last week, the topic of Guernsey becoming a “medical cannabis hub” was discussed by BBC, predicting that it could lead to 100 industry jobs. According to 4C Labs chief revenue officer, James Smith, Guernsey is the perfect place for the “hub.” “We can bring in bulk material, we can transform it into other goods and we can ship those goods into Germany, soon France, soon Poland, soon Ukraine,” Smith said. “These are all markets that over the next 12 to 24 months are going to expand and grow. These are not just gardening jobs or packing jobs, this is work that requires scientific degrees and working in a laboratory.”

The other licensed cannabis company, Pura Health, hopes to improve medical cannabis accessibility for people who live on Guernsey. “We’re really pleased and excited for our patients that this will be a high quality product that they will automatically see the benefits from,” said Pura Health director Tina Bolding.

One concerning problem however is that some people are selling medical cannabis on the black market. “Patients are going in, giving their symptoms and, having been prescribed and over-prescribed, they are then dealing it effectively on the streets. It’s a growing problem especially for our young people,” said Guernsey Health Improvement Commission Andrea Nightingale. She added that if medical cannabis was used as intended, it would “certainly [help] the people with the symptoms that they have.”

Nightingale explained that there has been an increase in cannabis psychosis cases since 2019, shortly after medical cannabis was legalized in Guernsey. “We have reports that because it is expensive, younger adults are using their rent money, which means that they’re getting into trouble with landlords. It’s [a] real concern to us,” she explained. To follow-up with this concern, the Health Improvement Commission is writing a report “looking at various options and working with the industry to see what we can do and see how we can get a better situation,” Nightingale continued.

The Isle of Man planned a “game-changing” $136 million cannabis facility back in February 2022. More recent reports show that the island is planning to “diversify our economy,” said Isle of Man Minister for Enterprise, Tim Johnston. Medical cannabis is just one of many industries that the Isle of Man plans to develop. “We recognise we’ve got an older population. We’re keen to see that change,” Johnston explained.

The Isle of Man is home to a population of 91,840 as of 2023, but Johnston added that officials want to see the population increase to more than 100,000 within the next 15 years. “As a high-value, low-volume manufacturing business it fits well into what we need to do on the island,” Johnston said. “We need to make sure when things are exported they are [of] high value.”
On the other hand the island of Jersey (population 102,785 as of 2023), which is also a British Crown Dependency alongside Guernsey, recently shut down its only licensed hemp farm in June 2023 due to questions of legality. “We’ve got to really take a step back and consider the position we find ourselves in,” said Jersey Hemp farm owner Davis Ryan. “It’s very frustrating, pretty sad, the impact on us has been devastating.”

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A survey, released this week by the cannabis wellness company EO Care, found that “18 percent of respondents have used cannabis for health reasons in the past year, 19 percent have used cannabis for recreational reasons, and 14 percent have used it for both.”

It also revealed that the “top three reasons for their cannabis use are anxiety, pain and sleep. 88 percent of medical cannabis users say it reduced their use of prescription drugs, alcohol, or both,” and that “51 percent said they would be likely/very likely to use cannabis if it were offered by their health plan.”

But perhaps most notable was the finding that “65 percent of respondents said they would feel more comfortable using cannabis if it were screened and dosed by a clinician.”

Sean Collins, co-founder and CEO of EO Care, said that the survey highlights the need for readily available medical advice on marijuana treatment.  

“Finding clinical guidance for medicinal cannabis is difficult because most doctors lack the knowledge and retail dispensaries are not equipped to provide medical advice,” Collins said in a press release. “As a result we have tens of millions of Americans using cannabis for health reasons without guidance on specific product recommendations, dosage amounts, possible drug interactions, or consideration of their health history and other potential health risks. Given that sales of cannabis for health reasons is far higher than most prescription drugs, this is a highly concerning situation for healthcare generally.”

EO Care said that the survey was based on responses of 1,027 Americans who are “employed at least part-time and were from US states where cannabis is legal for medical and/or recreational use.”

“94 percent of Americans live in a state where cannabis is legal in some form,” added Collins. “And we know a large percentage of Americans have used cannabis in the past year, so this is definitely impacting employees and health outcomes. With the right medicinal cannabis guidance employers have an opportunity to help their employees, improve health outcomes and be progressive leaders in offering this important benefit that employees will come to expect.”

Thirty-eight states have legalized some form of medical cannabis treatment, and polls routinely show that broad swaths of the country are in favor of making it legally available. 

That trend holds true even in states where cannabis remains illegal. A poll released earlier this year found that 76% of adults in South Carolina are in favor of legal medical cannabis. Both recreational and medical marijuana are illegal in the state.

Last year, a survey from the Pew Research Center showed that an “overwhelming share of U.S. adults (88%) say either that marijuana should be legal for medical and recreational use by adults (59%) or that it should be legal for medical use only (30%).”

“With a growing number of states authorizing the use of marijuana, the public continues to broadly favor legalization of the drug for medical and recreational purposes…Over the long term, there has been a steep rise in public support for marijuana legalization, as measured by a separate Gallup survey question that asks whether the use of marijuana should be made legal – without specifying whether it would be legalized for recreational or medical use. This year, 68% of adults say marijuana should be legal, matching the record-high support for legalization Gallup found in 2021,” Pew wrote in its analysis.

“There continue to be sizable age and partisan differences in Americans’ views about marijuana. While very small shares of adults of any age are completely opposed to the legalization of the drug, older adults are far less likely than younger ones to favor legalizing it for recreational purposes.”

The survey from EO Care, which was released on Tuesday, also found that “56 percent of respondents said they would be more likely to take a job at a company whose health plan offered cannabis care,” and that “44 percent would reconsider applying for a job at a company that tested for prior use of cannabis use or prohibited cannabis outside of the workplace.”

EO Care bills itself as “the first clinically guided cannabis health and wellness solution for employers,” saying that its “digital health service gives HR and benefits leaders the necessary tools to help employees determine if cannabis should be part of their healthcare journey or not by providing clinical education and personalized care guidance – including cannabis overuse, which is increasingly common given the lack of medical guidance.” 

“Built on data from leading cannabis clinicians and researchers, EO Care provides clinician guidance and proprietary data models to help employers tackle unguided cannabis use and give employees an effective option for relief in cancer treatment, pain management, opioid replacement, anxiety, and sleep management. The company is led by a team of experts in CX healthcare, biotech and data intelligence,” this week’s press release read.

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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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The Rochester Public Library in Rochester, New York is recognizing the vast potential for jobs in the state’s budding new market. And while cannabis sales in the state launched last December, Rochester’s own first dispensary—Herbal lQ—opened up just a month ago, on Aug. 30, but began as a temporary pop-up. 

New dispensaries means new job opportunities. City leadership plan on capping dispensaries in the city at nine—which amounts to one dispensary per every 12,500 residents. Under the proposal, new cannabis businesses would not be allowed to sell products until January 1st, 2025.

With a job boom forming in the city, the Rochester Public Library Business Insight Center will host “Get Weeding with the RPL,” a five-week workforce development course to prepare city residents for careers in New York State’s legal cannabis industry, a Monday press release from the city reads. The event runs on Saturdays Sept. 30 through Oct. 28 in the Bausch and Lomb Public Library Building’s Kate Gleason Auditorium, 115 South Ave.

“As we prepare for legal cannabis dispensaries to operate in our region, it is important to make sure we have a pool of qualified employees ready to start working in these businesses as soon as they open,” said Mayor Malik D. Evans. “The City of Rochester puts a lot of consideration into our processes to make sure cannabis businesses are set up to succeed in our city, especially for Black and Brown people who were most negatively affected by the war on drugs. I want to thank the Rochester Public Library’s Business Insight Center and our partners at the Cannabis Workforce Initiative and the Cannabis Employment and Education Development Unit for holding these valuable training sessions to give our residents a jump start into careers in this new industry.”

Those who are able to complete the initial coursework will be awarded a certificate in Cannabis Career Exploration and Worker Rights, which would fine tune them as a candidate to work as budtenders at legal dispensaries. Those who complete the in-person, five-week are then eligible to participate in an 8.5-hour virtual Responsible Vendor Training course.

“Get Weeding with the RPL,” is hosted in partnership with the NYS Cannabis Workforce Initiative (CWI) and the New York State Department of Labor’s Cannabis Employment and Education Development Unit (CEED). 

There are plenty of opportunities. The in-person component of the training, the announcement reads, will be held from 10 a.m. to 2 p.m., on five consecutive Saturdays: Sept. 30; and Oct. 7, 14, 21, and 28. You must attend all sessions in order to receive the certificate.

“The cannabis industry is bringing exciting new career opportunities to communities across New York State,” said New York State Department of Labor Commissioner Roberta Reardon. “The Department’s Cannabis Employment and Education Development (CEED) Unit is here to help New Yorkers gain the skills they need to have successful careers in the wide array of careers growing in this new economic engine.”

“We are excited to be partnering with the Rochester Public Library to offer the Cannabis Career Exploration and Worker Rights Certificate program,” says Esta Bigler, Co-Chair of CWI. “It is critical to be out in the community, raising awareness of the range of cannabis jobs that will be available. We want to emphasize how important it is for communities negatively impacted by the prohibition of cannabis to have access to the opportunities opening up and to know they have rights on the job. These are real opportunities, and we believe this kind of training is key to helping folks find their path to good jobs in this new industry.”

Sales of legal, regulated adult-use cannabis launched on December 29, 2022, Gov. Kathy Hochul’s office announced last year. “We set a course just nine months ago to start New York’s adult-use cannabis market off on the right foot by prioritizing equity, and now, we’re fulfilling that goal,” Governor Hochul said. “The industry will continue to grow from here, creating inclusive opportunity in every corner of New York State with revenues directed to our schools and revitalizing communities.”

When sales began the state launched the Seeding Opportunity Initiative, designed to help the state fulfill the goals of New York’s Cannabis Law by building an adult-use cannabis industry that rights some of the wrongs resulting from the disproportionate impact of cannabis prohibition.

WXXI reports that Herbal IQ-Rochester was the first dispensary to open, but in doing so, operators had to battle “myriad legal hurdles that have kept licensed dispensaries from opening.” One of the final tests was a recent court injunction that halted the issuing of new licenses in the city, stemming from a lawsuit. The lawsuit was filed by four disabled veterans who argued that the state’s policy of giving priority to people previously convicted of a cannabis offense is unconstitutional.

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