Popular marijuana events in California like the Emerald Cup will take on a different flavor than hoped for this year, after a bill that would have allowed licensed growers to sell directly to consumers at temporary events was defeated in the state Legislature.
Cannabis producers like the small and medium growers in the northern California counties that make up the Emerald Triangle have for years sold directly to consumers at “marijuana farmer’s markets” and events like the Emerald Cup, a long-running end-of-the-harvest celebration.
But under current state law following the passage of Prop. 64, which legalized recreational marijuana in 2016, direct sales are no longer allowed unless a grower also has a retail sales permit—for which a small operation may not qualify, even if they can afford it—or if they conduct sales in tandem with a licensed retailer.
Assembly Bill 2641, introduced by Assemblyman Jim Wood (D-Santa Rosa) would have allowed the state Bureau of Cannabis Control to issue temporary licenses for “on-site sales and consumption of cannabis” at temporary events.
The bill died for the year after it was held in committee this week.
According to a committee analysis, it was opposed by major California cannabis brands like Canndescent, a large-scale cultivator, and by the United Cannabis Business Association, which represents Los Angeles and Orange County-area retail dispensaries.
Supporters included county governments in Mendocino and Humboldt counties, where the economy relies heavily on small-scale marijuana growers, and the California Cannabis Industry Association.
With its failure, small and medium growers without sales permits may be shut out from end-of-year sales events. Coming in a year of falling prices and restricted access to retail, some small growers are expected to go out of business, industry advocates say.
“I’m really hopeful we’ll still have awesome events, but they’re not going to be the same behind the scenes,” Hezekiah Allen, executive director of the California Growers’ Association, which sponsored the bill, told Marijuana Moment on Friday.
Of 900 licensed growers in California that would have been able to sell at events like the Emerald Cup, Allen said he expects 400 to go out of business this year regardless. Of the rest, the livelihoods of about half rely on temporary sales events, he said.
“For years, these types of events have been lifelines for small growers,” he said. “For the smallest licensed growers, these are life or death.”
“There’s a few hundred members who won’t be here next year because we lost that bill.”
Other marijuana-related bills did pass the committee process before a legislative deadline this week and will go for votes on the floors of the state Assembly and Senate. A bill must pass both chambers before it can go to Gov. Jerry Brown (D) for signature.
Bills that advanced include:
*SB 1294, which would create a statewide equity program to encourage and assist people of color and other small operators to enter the marijuana industry
*SB 829, which would create a new license to allow for medical cannabis products to be given away free of charge (a “compassion care license”)
*SB 1409, which would allow for state agriculture authorities to create an industrial-hemp farming program
*AB 1863, which would allow marijuana businesses to make certain tax deductions
*SB 311, which clarifies the commercial marijuana distribution process
Also this week, legislation which would have created state-chartered banks to serve the cannabis industry was held for review, effectively killing it for the year.
“This is a serious public safety issue that deserves swift resolution,” Sen. Bob Hetrzberg (D), that bill’s sponsor, said in a press release. “We’ve got barrels of cash buried all over the state, businesses being ransacked, and it’s clear that the federal government won’t act. It’s a shock to me that the state government may not act this year either – especially after this bill passed through nearly every step with bipartisan support and little to no opposition.”
Photo courtesy of Chris Wallis // Side Pocket Images.
Google Execs Told Marijuana Jokes To Lighten The Mood After Trump’s Election, Leaked Video Shows
Shortly after the 2016 presidential election, Google executives spoke at an all-hands meeting about the political ramifications of Donald Trump’s victory and fielded questions from employees about the path moving forward.
And to lighten the mood, they also cracked a few jokes about marijuana, which had just been fully legalized in California, the home of Google’s headquarters.
“Let’s face it, most people here are pretty upset and pretty sad because of the election,” Google co-founder Sergey Brin said at the beginning of the meeting. “But there’s another group—a small group—that we should also think about who are very excited about the legalization of pot.”
Employees are heard applauding and laughing in the video, which was leaked to Breitbart by an anonymous source. (The video cannot currently be embedded, but it appears at the top of the page linked above).
“I was asking if we could serve joints outside on the patio, but apparently these things take a little while to take effect,” Brin continued. “It was a huge, huge disappointment.”
“I’ve been bemoaning that all week, I’ll be honest with you.”
Of course, the meeting took on a more serious tone as executives discussed the policy implications of the incoming Trump administration and the role of Google in the modern political landscape. But the meeting didn’t wrap without one final nod to the passage of Proposition 64 in California.
Asked to weigh in on speculation that economist Jefferey Eisenach would be named as the chairman of the Federal Communications Commission, Google’s chief legal officer Kent Walker brushed it off with his own marijuana joke.
“Anybody who thinks they know of the likely members of the Trump administration is taking premature advantage of Sergey’s favorite California proposition,” Walker said. “Nobody knows.”
Just as a matter of housekeeping, California’s adult-use marijuana law went into effect immediately after the proposition’s passage. So technically speaking, anyone 21 or older who would have consumed cannabis after the election wouldn’t be taking “premature advantage” of the law.
Perhaps to that end, Brin closed the post-election event by telling Googlers that “there’s food and drink on the patio,” but warned them to “be careful of the cookies.”
Workers In These Industries Are Most Likely To Consume Marijuana
It’s become increasingly clear that there’s no single “type” of marijuana consumer. But research has identified certain cultural trends, including a new study that examines the prevalence of cannabis consumption among workers in different industries.
The study, published this month in the International Review of Psychiatry, demonstrates that cannabis use is represented in a wide range of employment backgrounds—and some of the industries where using cannabis is most common might come as a surprise.
Let’s start with the numbers. Here’s a list of industries where workers use the most and least cannabis, which the researchers compiled based on 2013 and 2014 National Survey on Drug Use and Health data. The survey asks respondents whether they’ve used marijuana at least once in the past year.
|Industry||% marijuana use|
Note: Not all industries are represented in this list, which is limited by the data submitted by NSDUH respondents. Also, the study does distinguish different “job categories,” but not within each specific industry.
The point of the study wasn’t simply to show what kind of workers are using marijuana, but also for what purposes. If a survey respondent reported using cannabis in the past year, their use was then categorized as either medical, recreational or mixed (i.e. some of their cannabis consumption was recommended by a doctor, but not all of it).
You can see that breakdown in the table below, but in general, the study reveals a diversity of use types among different industries. People in construction tend to be mixed-use consumers, for instance, and people in food services tend to skew recreational. It’s difficult to explain these sub-trends without more data, however.
That said, the researchers were especially interested in cannabis use among construction and mining employees.
“One key difference between the user groups is the higher percentage of medical cannabis users in the construction and mining industries,” they wrote. “This is likely due to the higher injury rates in these industries: construction and mining work require physical stamina, often involve irregular schedules, and expose workers to weather, dangerous tools, and equipment.”
The study notes that there’s conflicting research about marijuana use in these industries, with some arguing that frequent use can result in increased workplace injuries and others contending that the therapeutic use of cannabis “addresses pain and other health problems… that often result from work-related injuries.”
That latter point is also consistent with a study released last month showing “evidence that legalizing medical marijuana improved workplace safety.”
Federal Court Rules In Favor Of Worker Rejected For Medical Marijuana Use
A Connecticut woman’s rights under that state’s medical marijuana law were violated when a company refused to hire her on the basis of her legal cannabis use, and a lawsuit seeking damages against her would-be employer may proceed, a federal judge ruled.
In 2016, Katelin Noffsinger filed suit against Bride Brook Health and Rehabilitation Center, a federal contractor, after a job offer was rescinded following a positive test for cannabis on a pre-employment drug test.
Noffsinger had accepted a management-level position with the firm, which then scheduled a drug test. Prior to the test, Noffsinger informed Bride Brook that she was a qualified cannabis patient under Connecticut’s Palliative Use of Marijuana Act, and used the drug—namely, synthetic marijuana pills, consumed in the evening—to treat post-traumatic stress disorder following a 2012 car crash.
After learning of Noffsinger’s patient status, Bride Brook officials debated over email the best way to inform her that she could not be hired because of her marijuana use.
After the positive drug test and the subsequent rejection, Noffsinger filed an employment-discrimination lawsuit in state court. The case was elevated to federal court after Bride Brook used federal drug laws—including federal cannabis prohibition—to justify their actions.
Unlike some other states including California, Connecticut’s medical-marijuana law, passed in 2012, offers specific employment protections for cannabis patients.
Employers don’t have to accommodate cannabis use during work hours or employees who are intoxicated in the workplace, but any off-hours marijuana use by a certified patient following state law is protected.
In court filings, Bride Brook argued that the federal Drug-Free Workplace Act preempted such protections.
Because Bride Brook was a federal contractor, it was required to perform such drug tests—and had the firm still hired Noffsinger after the positive drug test, it would have been “defrauding” the federal government, the firm argued.
In a ruling issued last week, U.S. District Court Judge Jeffrey Alker Meyer disagreed.
While Meyer rejected Noffsinger’s requests for summary judgment and attorney’s fees, his ruling means that Noffsinger can now seek monetary damages in a jury trial.
The federal Drug Free Workplace Act requires only that employers make a “good faith effort” to maintain a drug-free workplace, Meyer ruled.
Such efforts include posting warnings about drug use and setting an office policy.
A “zero-tolerance” policy that includes actively testing and then rejecting protected applicants on the basis of a test go above and beyond that threshold, Meyer wrote.
A previous ruling in Noffsinger’s case, also by Meyer, was the first instance in which a federal judge ruled that the federal Controlled Substances Act does not preempt state medical-marijuana laws that provide employment protections.
Other classes of workers, including workers in “safety-sensitive” positions and employees of the federal government, may have to wait for similar protections.