California blazes a trail yet again.

The post New Year, New Laws: Weed workers’ rights kick in, and more appeared first on Leafly.

The post New Year, New Laws: Weed workers’ rights kick in, and more appeared first on Paradise Found.

New York established the nation’s first cannabis market with labor peace agreements. Here’s how that could affect the entire industry for years to come.

The post New Yorkers may soon be buying weed from union budtenders. Here’s why appeared first on Leafly.

The post New Yorkers may soon be buying weed from union budtenders. Here’s why appeared first on Paradise Found.

The law ends decades of discrimination against thousands of workers per year.

The post California enacts cannabis users’ right to work law appeared first on Leafly.

The post California enacts cannabis users’ right to work law appeared first on Paradise Found.

California Gov. Gavin Newsom on Sunday signed several bills into law designed to “strengthen California’s cannabis laws, expand the legal cannabis market and redress the harms of cannabis prohibition.”

One of those measures, per local news station ABC10, will protect “workers from employment discrimination based on their use of cannabis while off-the-clock” by stopping companies “from punishing workers who fail a certain type of drug test that detects not whether a person is high, but whether the person has used marijuana at all in recent days.”

“For too many Californians, the promise of cannabis legalization remains out of reach,” Newsom said in a press release on Sunday. “These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the Legislature and policymakers to fully realize cannabis legalization in communities across California.”

ABC10 reported that the drug tests in question “rely on urine or hair samples, [and] look for a substance that the body makes when it breaks down THC, the main psychoactive compound in marijuana.”

“But that substance, called metabolites, can remain in a person’s body for weeks after using marijuana, according to the Mayo Clinic. It means people can fail a drug test even though they are not impaired,” the station reported.

The bill protecting off-the-clock weed use passed the California legislature last month.

It was one of several cannabis-related bills signed into law on Sunday by Newsom, whose office said that although “the state has made significant progress since the legalization of cannabis, local opposition, rigid bureaucracy and federal prohibition continue to pose challenges to the industry and consumers.”

One bill will create “a process for California to enter into agreements with other states to allow cannabis transactions with entities outside California,” the governor’s office said, while another bill “preempts local bans on medicinal cannabis delivery, expanding patients’ access to legal, regulated cannabis products.”

A fourth bill will ensure “that Californians with old cannabis-related convictions will finally have those convictions sealed.”

“These bills build on the Administration’s efforts to strengthen California’s cannabis legalization framework. As part of this year’s state budget, the Governor signed legislation to provide tax relief to consumers and the cannabis industry; support equity businesses; strengthen enforcement tools against illegal cannabis operators; bolster worker protections; expand access to legal retail; and protect youth, environmental and public safety programs funded by cannabis tax revenue,” Newsom’s office said in the press release.

The office added: “To expedite policy reforms that prioritize and protect California consumers’ health and safety, the Governor has directed the California Department of Public Health to convene subject matter experts to survey current scientific research and policy mechanisms to address the growing emergence of high-potency cannabis and hemp products. The Governor has also directed the Department of Cannabis Control to further the scientific understanding of potency and its related health impacts by prioritizing the funding of research related to cannabis potency through its existing public university grants.”

It is the second time this month that Newsom has taken action on measures designed to protect Californians’ rights to freely use cannabis.

Earlier this month, Newsom signed a pair of bills that will prevent medical marijuana patients from being discriminated against by physicians and surgeons for a positive THC test.

“Many physicians are under the mistaken impression that they can’t prescribe medication to patients who test positive for cannabis,” California NORML Director Dale Gieringer said regarding the bill.

A study by NORML found that 18.5% of patients have been denied prescription treatment after a doctor learned of their previous cannabis use. 

The post Newsom Signs Bill Protecting California Workers Who Smoke Off-the-Clock appeared first on High Times.

The post Newsom Signs Bill Protecting California Workers Who Smoke Off-the-Clock appeared first on Paradise Found.

California lawmakers on Tuesday gave final approval to a bill to protect employees who use marijuana off the job. If approved by the governor, the legislation would make California the seventh state in the nation to pass employment protections for workers’ off-duty cannabis use.

The measure, Assembly Bill 2188 (AB-2188), would “make 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” solely because of marijuana use while off the job, according to an abstract of the legislation. But Assemblymember Bill Quirk, the sponsor of the legislation, noted that AB-2188 does not allow people to work while impaired by cannabis.

“Nothing in this bill would allow someone to come (to work) high,” said Quirk.

Under the legislation, employers would be prohibited from taking action against an employee for failing a urine or hair screening for cannabis metabolites. Tests that measure or detect the presence of cannabis metabolites only show that the person ingested cannabis at some point, potentially weeks before the sample is taken, and are not an indicator of present impairment.

The legislation is supported by cannabis advocates and labor groups including United Food and Commercial Workers (UFCW), Service Employees International Union (SEIU), California Nurses Association, CA Board of Registered Nursing, and UDW/AFSCME Local 3930. Supporters of the bill argue that employees should not be punished for using marijuana while off the clock.

“Using outdated cannabis tests only causes employees to feel unsafe and harassed at work, it does not increase workplace safety,” said Matt Bell, secretary-treasurer for the United Food and Commercial Workers Local 324.

The legislation includes several exceptions designed to protect employers. The bill does not apply to workers in the “building and construction trades” or to employees or applicants for positions that require a background check or security clearance under federal regulations. Additionally, the legislation does not preempt any federal or state statutes that require testing for controlled substances and would not apply to employment decisions based on “scientifically valid” pre-employment drug test methods “that do not screen for psychoactive cannabis metabolites.”

California Pioneered Cannabis Legalization

California was the first state to legalize the medicinal use of cannabis in 1996, and 20 years later voters legalized the recreational use of marijuana by adults. The National Organization for the Reform of Marijuana Laws (NORML) notes that six states (Nevada, New York, New Jersey, Connecticut, Montana and Rhode Island) have enacted laws to protect workers’ use of recreational cannabis off the job and 21 states offer worker protections for medical marijuana patients.

“Cannabis is legal in California, and workers have a right to engage in legal activity while away from the job. Yet countless workers and job applicants are losing job opportunities or being fired because they test positive for legal, off-the-job use of marijuana on account of indiscriminate urine and hair metabolite tests,” said Dale Gieringer, the director of NORML’s California chapter. “Scientific studies have failed to show that urine testing is effective at preventing workplace accidents. Numerous studies have found that workers who test positive for metabolites have no higher risk of workplace accidents.”

The California Chamber of Commerce is opposed to the legislation because it would “create a protected status for marijuana use” in state law that bans discrimination in the workplace.

“Put simply: marijuana use is not the same as protecting workers against discrimination based on race or national origin,” the business association wrote in a letter to state lawmakers.

AB-2188 was first passed by the California State Assembly in May, followed by the approval with amendments by the state Senate on Monday. On Tuesday, the Assembly approved the Senate version of the measure. The bill now heads to the desk of Democratic Governor Gavin Newsom, who has until the end of September to decide its fate. If Newsom signs the bill into law, it will go into effect on January 1, 2024.

The post California Lawmakers Pass Bill Protecting Workers’ Off-Duty Cannabis Use appeared first on High Times.

The post California Lawmakers Pass Bill Protecting Workers’ Off-Duty Cannabis Use appeared first on Paradise Found.

The legislation passed in the Illinois House of Representatives on Thursday and arrived in the state Senate the following day. Democrats control both chambers of the general assembly.

Under the proposal, “an employer may not refuse to hire an individual or discipline an employee because results of an individual’s drug test indicate the presence of THC on the part of that individual,” nor may the employer fire or impose a discipline against an employee for such conduct. 

It does, however, permit an employer “to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code.”

Moreover, the bill establishes “conditions under which an employer may discipline an employee for impairment,” and provides “that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy.”

According to local television station WGEM, the bill “does not exclude teachers, although schools have to follow zero-tolerance policies due to federal agreements.”

If the bill were to become law, it would serve as an important addendum to the state’s recreational cannabis program. The state legalized marijuana for adults aged 21 and older in 2019, when Illinois Gov. J.B. Pritzker signed a bill into law. 

In addition to establishing a regulated cannabis market, the law also sought to redress previous convictions that occurred during the era of prohibition. Pritzker has pardoned thousands of low-level cannabis convictions.

“We are ending the 50-year-long war on cannabis,” Pritzker said in 2020. “We are restoring rights to tens of thousands of Illinoisans. We are bringing regulation and safety to a previously unsafe and illegal market. And we are creating a new industry that puts equity at its very core.”

Last year, the state raked in $1,379,088,278.61 in recreational cannabis sales, which was more than double what the program generated in its inaugural year of 2020.

But in spite of that, some employees in Illinois continue to face the risk of being sacked over a legal activity. 

“If we’re going to legalize the substance, you should talk about individual liberties and what people want to do on their weekends. We should allow people to make good choices and not be discriminated against in the workplace because of those choices as long as it’s not affecting the workplace,” said Democratic State House Rep. Bob Morgan, one of the sponsors of the bill, as quoted by WGEM.

The station reported that Morgan argues “people with trace amounts of cannabis in their system should not be at risk of losing their job unless they fall into one of those specific categories,” and that Illinois “should treat cannabis the same as it treats alcohol and other legal substances.”

But some Republican lawmakers in Illinois objected to the proposal.

“You may not be able to tell if someone is impaired or not until that accident happens or there’s a problem at the workplace,” said GOP state House Rep. Dan Ugaste, as quoted by WGEM. “I think we’re overstepping a little too quickly just to make certain someone can enjoy themselves on the weekend.”

The post Illinois Proposal to Bar Employers from Firing Workers Over Pot Advances appeared first on High Times.

The post Illinois Proposal to Bar Employers from Firing Workers Over Pot Advances appeared first on Paradise Found.

On December 29, United Food and Commercial Workers (UFCW) Local 328—representing roughly 11,000 Rhode Island and Massachusetts frontline workers—announced a victory for Greenleaf Compassionate Care Center employees in Portsmouth, Rhode Island, preserving their right to openly discuss unions and other workers’ rights.

Like most other industries, workers in medical cannabis operations and dispensaries want employee protections and fair pay. A Greenleaf Compassionate Care Center employee and worker committee member was terminated last June once he was exposed negotiating the first union contract for employees.

After “months of investigations” conducted by the National Labor Relations Board (NLRB), UFCW Local 328 filed charges against Greenleaf Compassionate Care Center for violating workers’ rights, culminating in the termination of employee and bargaining committee member Ben Telford. 

Other charges include the elimination of employee discounts during a six-week period, the elimination of the Friday lunch program and transfer of bargaining unit work to a new classification. The list of charges continues—including “interrogation, surveillance and disparagement of employees” for their union activity. 

The employees at Greenleaf held a one-day strike planned in a June 26 press release, to protest the illegal firing of Telford, who was illegally terminated for his union activity. UpriseRI arrived on-scene at the protest in Portsmouth, Rhode Island, in support of Telford. UpriseRI insisted that CEO Seth Bock reinstate Telford.

After an investigation, the NLRB issued complaints on each of these charges against Greenleaf. Just a day before the trial was set to take place, Greenleaf offered to settle on every complaint.

“Securing justice for Ben was significant because it not only holds the company accountable for breaking the law, but it also sends a message to workers everywhere that they have rights on the job to organize,” UFCW Local 328 Director of Organizing Sam Marvin told High Times. “At UFCW, we are proud to stand with workers to build a better and more secured future and are committed to holding employers accountable when there are injustices at work.”

Rhode Island Greenleaf Cannabis Workers shared the same sentiment. “We are pleased with the results of the investigations from the National Labor Relations Board and the signed commitments we secured in this settlement agreement,” Rhode Island Greenleaf Cannabis Workers said in a joint statement. “We would like to extend our sincerest gratitude to the NLRB for their hard work during the investigation of numerous labor complaints that were filed against our employer. While we should not have had to experience these unfair labor practices to begin with, it was extremely reassuring to know that we as workers had a formal means of recourse when our employer committed these infractions. While forming a union can be a challenging and arduous process, we know that it is one of the few options we have as workers to create a more stable and predictable future.” 

Rhode Island Greenleaf Cannabis Workers encourage employees in other states to take note.

“We encourage workers to continue to organize with each other both within individual companies and across the industry,” the joint statement continues. “We want to thank UFCW Local 328 for all of its continued support and the resources we’ve been given through this process. We look forward to continuing to build a healthier and secured future for all of us at Greenleaf by completing our first union contract in the near future.”

UFCW Local 328 announced that the new settlement with Greenleaf Compassionate Care Center and its unionized cannabis workers includes the following key items:

• Back pay for employees during a six-week period the company did not extend their employee discount to eligible union voters 
• Back pay for employees affected by the company’s elimination of the Friday lunch program for the past 25 weeks 
• The immediate reinstatement of the Friday lunch program 
• The offer of reinstatement to employee Ben Telford, who was illegally fired by the company in June 2021, with compensation of full back pay for wages, interest and additional compensation 
• The immediate restoration and protection of union bargaining unit work for key stakeholders 
• A signed commitment by the company to not interfere with employees’ rights under Section 7 of the National Labor Relations Act, to not disparage, surveil, discipline or discharge workers for their union activity, to not create new positions to avoid collective-bargaining obligations, to not transfer work to managers or other employees because of their union activity, and a commitment to bargain in good faith with UFCW Local 328

Per the NLRB settlement agreement, Greenleaf has offered Telford reinstatement to his position and will compensate him with full back pay for all lost wages, interest and additional compensation. 

“We are proud of the workers at Greenleaf for standing together to achieve this victory,” Marvin stated. “It is critical that employers are held accountable when they break the law and violate workers’ rights. This settlement represents a significant achievement for Greenleaf workers in their pursuit for justice and fairness at their workplace, and we look forward to continuing to work together to build the futures they all have earned.”

The post Worker Illegally Fired from Cannabis Company for Union Involvement Wins Job Back appeared first on High Times.

The post Worker Illegally Fired from Cannabis Company for Union Involvement Wins Job Back appeared first on Paradise Found.