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CannaBeat – January 13, 2023

by Emerge Law Group

CannaBeat is a curated biweekly selection of top new stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

Washington Bill to Protect Workers from Being Fired for Marijuana Will Get a Committee Hearing Next Week

Cannabis laws can change quickly.  In many jurisdictions, the changes occur so quickly that cannabis legalization sometimes conflicts with laws and regulations in unrelated areas, such as employment.  In some states with legal cannabis, people are still being denied employment based on inactive THC metabolites found in pre-employment drug tests. These metabolites result from past cannabis usage which could be weeks or more before the drug test. Washington is working to address this issue by drafting legislation prohibiting employment discrimination based on these types of tests. State cannabis laws create a “disconnect between the potential employees’ legal activities and an employer’s hiring practice.” The Washington legislation states:

Applicants are much less likely to test positive or be disqualified for the presence of alcohol on a preemployment screening test compared with cannabis, despite both being legally allowed controlled substances. The legislature intends to prevent restricting job opportunities based on an applicant’s past use of cannabis.

The legislation will have a committee hearing this week. Washington is not the only state that has taken steps to protect the rights of cannabis consumer employees. California, Connecticut, Missouri, Montana, Nevada, New Jersey, New York and Rhode Island have each enacted statutes that limit an employer’s ability to refuse employment based on past and/or off-duty adult-use (recreational) cannabis usage. There are other states that protect medical rights but not adult-use. See map provided by Cal NORML Here.

Other Noteworthy News

High Winds, Flooding Shutter Cannabis Operations Across California
The historic storms pummeling California have caused widespread fallout for cannabis operators across the state and are disrupting operations and possibly supplies. As days of high winds and catastrophic rains batter the coast, some marijuana companies have temporarily closed operations and shored up their facilities in a desperate attempt to lessen the damage. Several businesses told MJBizDaily their operations have been flooded, causing untold economic setbacks. Others have reported product losses as heavy rains damaged crops. Widespread power outages have also halted production lines and left plants vulnerable to mold and other contaminants. Road closures and dangerous conditions have prevented several operators from even accessing their operations. This storm system, which was expected to dissipate by Tuesday afternoon, is the latest climate disaster in California. In late September, a heat wave wreaked havoc on the state’s cannabis industry, coming on the heels of another challenging wildfire season. Washed-out roads are preventing workers from accessing cultivation facilities, which could lead to lost sales and delays in production, including packaging and trimming of flower. That, in turn, could cause marijuana supply-chain disruptions and leave some retail store shelves empty. The storm, which started on Sunday, has forced tens of thousands to evacuate and killed at least 15 people statewide. More than 34 million are under a flood watch….
New Cannabis Laws for 2023 Kick in Across The US
Tens of millions of cannabis consumers will enjoy broadening civil rights and access to weed, thanks to a collection of new laws and regulations taking effect this week and beyond in at least 11 US states. Voters, regulators, and lawmakers across the US enacted laws, rules, and executive orders that take effect this week from sea to shining sea. Here’s the state-by-state rundown of weed laws taking effect in 2023.
U.S. Virgin Islands Lawmakers Pass Cannabis Legalization Bill
Lawmakers in the U.S. Virgin Islands last week passed legislation to legalize recreational marijuana, bringing the number of states and territories in the country that have legalized the use of cannabis by adults to 21. The legislation was passed in the U.S. Virgin Islands Senate on December 30 by a veto-proof majority vote of 11-1. Governor Albert Bryan, who has expressed strong support for cannabis policy reform, is expected to sign the legislation, according to media reports. The legislation was approved in conjunction with another bill that expunges past convictions for marijuana-related offenses, which was passed by senators on Friday with a unanimous vote. “Although there have been many politically driven false narratives about this cannabis legislation, I am proud of the work done by the Senators of the 34th Legislature, community stakeholders and advocates, all of who contributed to the structuring of the final bill voted upon in today’s Session,” Sarauw said in a press release posted to Facebook. “The body did its due diligence in protecting the masses and the best interest of our residents by ensuring that locals and minorities are not locked out of industry and have any opportunity to participate in its economic potential.”

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