Leaders of some of the largest unions in the United States are calling on the Biden Administration to end federal prohibition of marijuana and to pair that reform with policies that address harms caused by the drug war, protect workers in the cannabis industry, and prevent monopolization.
In a letter obtained Marijuana moment, the President of the United Food and Commercial Workers International Union urged Attorney General Merrick G. Garland and U.S. Health and Human Services Secretary Xavier Becerra in order to finish a federal marijuana schedule review directed by President Joe Biden late last year.
The letter by UFCW International president Marc Perrone states: “Should Congress, or the Biden administration, deschedule marijuana without any provisions for health and safety, labour, and equity, we risk creating an industry that has the same inequalities that persist across our economy while ignoring the opportunity to repair harms caused the War on Drugs.”
In a letter dated Wednesday, he stated that “UFCW believes addressing the harms caused by the prohibition of cannabis means more than regulating cannabis-related businesses.” He said that Biden’s directive on scheduling is commendable, but emphasized the need to ensure “everyone working in a cannabis-related business has high quality and family-sustaining jobs.”
Perrone stated that “equity considerations, worker protections such as those UFCW has fought for in many states and allied organizations have fought long and hard for must be included in any federal law or administrative actions related to the de-scheduling of cannabis.”
The UFCW has listed four priorities for Congress and the Administration to keep in mind when working on reforming federal marijuana laws.
1. Cannabis workers are entitled to the best protections available in the country.
2. Removing the substance from the Controlled Substances Act is not enough.
3. Protecting state-based industries is one way to prevent monopolies.
4. We address the damages caused by the War on Drugs which have disproportionately harmed communities and people of color.
The letter explains that cannabis workers face “hazards and risks” – many of which we do not yet fully understand – underscoring the importance of specific policies for employees. This includes passing legislation that allows state-legal cannabis companies to access traditional financial services in order to reduce public safety risks.
The UFCW said that in order to “ensure that good jobs are created in cannabis,” the Biden Administration and the Departments of Justice and Health and Human Services, should support a comprehensive marijuana-legalization bill, which Senate Majority Leader Chuck Schumer, D-NY, filed in the last session and has recently promised to re-file in this Congress.
The letter also says that the federal Occupational Safety and Health Administration should “immediately begin work on a nationwide workplace safety standard for the legal cannabis businesses, using California’s regulations as a template.”
It also says that the administration should fund “longitudinal research on the long-term health effects of chemicals used in growing, processing and selling marijuana and allow the Department of Agriculture to set standards regarding pesticide use.”
The UFCW also said that the Justice Department should reinstate federal guidance from the Obama administration, which was rescinded by the Trump Administration and generally encouraged prosecutors to use discretion in cannabis cases.
The group said that Congress should pass the Secure and Fair Enforcement Banking Act (SAFE), which is expected to be marked up by a Senate Committee as soon as next month.
While some have argued that rescheduling marijuana under the Controlled Substances Act would bring significant benefits (even if preferring full descheduling), UFCW has said that it doesn’t consider rescheduling to be sufficient.
It said that while rescheduling marijuana from Schedule 1 to Schedule 3 or lower may provide a tax break for [cannabis-related businesses] and shareholders, workers would still face the same obstacles and challenges as they do today. The report said that cannabis workers would not be able to access full banking services. The UFCW apprenticeship program is state-based and cannot allow resources to cross states. Noncitizens in the industry will still have the same difficulties acquiring citizenship.
Perrone writes that descheduling is not enough.
The letter warns that “descheduling cannabis without guardrails risks turning it into an industry dominated a few large corporations.” It is vital that, when considering descheduling and rescheduling, the government considers how it will impact states that have legalized marijuana and have developed licensing schemes that meet their specific needs and policies goals.
It continues, “In some state’s the types of licenses are in their constitutions or have been adopted by ballot initiative. They cannot be changed easily.” Federal permitting, taxation or regulation should be based on state laws, rather than establishing a new federal standard.
The letter states that marijuana policy reform should focus on reducing harms from criminalization, noting that while state laws and public opinion have “rapidly changed,” “low-level cannabis crimes are still widely enforced throughout the United States.”
In order to address the disparate impact of cannabis criminalization, UFCW recommended that the administration implement the following policies.
1. The federal criminal penalties are repealed retroactively and a resentencement is allowed.
2. Expulsion of prior cannabis convictions in federal court.
3. As President Biden has called on governors, they should fund and implement incentive programs that will allow them to expunge their state cannabis convictions.
4. Limitation of collateral consequences for cannabis use or convictions, such as immigration status, student loans, and public housing eligibility.
The UFCW couldn’t agree more with President Biden when he said, “It is time to right these wrongs.” The letter concluded that UFCW believes it is important for the government to ensure that cannabis jobs provide good-paying, family and community sustaining employment. The effects of rescheduling remain uncertain. However, they won’t provide any additional protections to workers. Descheduling without proper protection and guardrails will undermine the progress and efforts we and our allies made at the state-level and that we continue to fight at every level of the government.”
In a statement made to Marijuana Moment Wednesday, UFCW stated that this was “a private letter as part of our advocacy in creating a strong worker-friendly cannabis sector.”
Ademola Oyefeso , Director of UFCW Legislative and Political Action Department , testified at a Senate Banking Committee hearing , last month, to advocate for passage of the SAFE Banking Act, a bipartisan act.
He also wrote an op ed in Marijuana Moment this month, which emphasized the importance of cannabis worker protections at a time when more states are moving to legalize.
Below, you can read the letter that the UFCW sent Biden Administration officials regarding marijuana reform priorities:
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Photo by Mike Latimer.
The article Top Labor Union Urges Biden Administration to Support Marijuana Workers and Stop Industry Monopolization while Ending Prohibition first appeared on Marijuana Moment.
