“We are proud to remove unnecessary industry restrictions on those with the skills to thrive in Massachusetts’s regulated marijuana industry–and who deserve the economic benefits that now marijuana is legal.”
By Nurys and Ava Callender Concepcion via CommonWealth Beacon
The Cannabis Control Commission regulations for implementing Massachusetts’ equity law reform were made official this fall. This was a major accomplishment, not only for the legislator, but also operators, regulators, and advocates. Our agency has been entrusted to oversee local contracts between host community and licensees as well as municipal efforts to increase inclusivity within the industry. A single legislative upgrade could provide the most opportunity to those directly affected by the drug war.
The amendment on marijuana employment was passed unanimously by the Senate of the state, then adopted by the House before being signed into law by Governor. Charlie Baker (R), in August 2022, will ban all criminal convictions including marijuana offenses from automatically disqualifying an individual from working for the majority of cannabis licensees. This is unless it involved distribution to a child. The Commonwealth, by doing this, has opened the door to gainful employment for communities that have been disproportionately affected by drug policies which incarcerate people of color.
Many believed that legalization would bring about historical injustices and make products safer, while bringing economic benefits to those who were harmed by prior policies. Many of the visions have come true.
Massachusetts’ adult-use marijuana industry generated over $5 billion in sales today, which is roughly $1 billion of tax revenue. Millions more were earned through licensing fees and application fees, which are not taxes. Over 570 licensed marijuana businesses have opened, 102 medical marijuana centers are operational and almost 100,000 Massachusetts residents are registered as medical patients. More than 20,000 employees and hundreds of entrepreneurs benefit from the growing, manufacturing, and selling of our biggest cash crop.
In that same time period, only 67 of the participants, which includes communities affected by the War on Drugs, have opened businesses. (158 others are in the licensing pipeline) While less than 15% of the current employees identify as Black or Latino.
Equity is coming slow despite our best efforts. Due to the high costs of compliance and limited capital access, barriers to entry have remained high. The new state cannabis equity law mandated solutions for many of these issues, including the establishment of the Cannabis Social Equity Trust Fund managed by the Executive Office of Economic Development.
To truly eliminate the collateral effects of the war on drugs, it is also necessary to remove the unnecessary blanket prohibitions which prevented people with criminal histories from getting jobs similar to those they had before legalization. Employment has been proven to be a very effective tool for reintegration, and it can also reduce recidivism.
Existing operators benefit from expanding cannabis employment opportunities to individuals with criminal records. They are obliged to hire diverse workers and help communities in need. Transitioning people from the legacy market into the legal market is a great way to reduce the public’s dependence on unregulated channels.
Massachusetts residents can expect that licensed establishments will remain safe due to the ongoing state and federal parameters. All agents and licensees, for example, are subject to a suitability review by the commission, and employers have a duty to protect their employees, customers, and anyone else who comes into contact with the business.
According to the Massachusetts Attorney General’s Office employers who automatically reject all applicants that have criminal records could be violating federal and state civil rights laws. This is because criminal records can have a disproportionate effect on protected groups including racial minorities. The U.S. Equal Employment Opportunity Commission prohibits employers to impose absolute restrictions on anyone with a criminal history.
Employers should perform an individual assessment before disqualifying an applicant based on a criminal record. This will help them avoid any potential civil rights violation liability.
Cannabis businesses retain the discretion to hire whomever they want, even though most drug-related convictions are no longer automatically disqualifying for employment at legal marijuana establishments. Employers may also refuse to hire agents based on the specifics of their criminal records, including violent crimes that could pose a public safety issue for either employees or customers.
The job applicant must first be informed and given a copy or their criminal record information, along with instructions on how to correct any errors.
It is important that, as the commission reviews policies to ensure the voters’ equity vision becomes a reality, we maintain the balance between social justice & public safety. We are proud that we have ended unnecessary prohibitions against those with the skills and expertise needed to prosper in Massachusetts’ regulated marijuana industry. They deserve to reap the benefits of legalization.
Nurys Camargo is the appointee for social justice to the Commonwealth Cannabis Control Commission. She was appointed by the State Treasurer, Attorney General and Governor. Ava Callender Concepcion is the seat for public safety, appointed by attorney general. She was named acting chair recently by her peers.
The article originally appeared on CommonWealth Beacon. It is republished under a Creative Commons License.
The Seventh Massachusetts City Votes to Deprioritize Arrests for Psychedelic Fungi and Plants
Photo by Mike Latimer.
The post People with past convictions shouldn’t be blocked from Marijuana industry work, Massachusetts regulators say (Op-Ed) appeared first on Marijuana Moment.
