Efforts to increase cannabis worker unionization in the United States have received a dual impetus from a federal labor decision and new state legislation in Missouri. The National Labor Relations Board (NLRB) recently issued a ruling that clarifies the employment status of certain cannabis industry workers, while Missouri lawmakers passed a bill explicitly granting collective bargaining rights to all cannabis-related employees.
Federal Labor Board Clarifies Cannabis Worker Status
The National Labor Relations Board, the federal agency responsible for enforcing U.S. labor law, recently rejected an argument that post-harvest employees in the cannabis sector should be classified as agricultural workers. This classification is significant because agricultural workers are typically excluded from the protections of a federal act, which safeguards the right of most private-sector employees to unionize without fear of employer retaliation.
The NLRB’s decision stemmed from a labor dispute involving BeLeaf Medical, the parent company of the Sinse cannabis cultivation and manufacturing facility in St. Louis, Missouri. As previously reported by Hemp Gazette, BeLeaf Medical had challenged the unionization votes of its employees, arguing they were agricultural laborers. However, the Board determined that tasks performed by these employees—such as making pre-rolls, data entry, and processing dried cannabis into finished products—do not fall under the secondary definition of agriculture. This ruling, detailed in a Marijuana Moment report, provides a precedent for similar cases, though the NLRB noted that each challenge would be evaluated on a case-by-case basis.
Missouri Legislation Reinforces Collective Bargaining Rights
Further strengthening the position of cannabis industry employees, Missouri legislators passed a law last month that explicitly extends collective bargaining rights to all individuals employed in cannabis-related businesses. This includes operations across cultivation, processing, manufacturing, distribution, retail, and support functions.
The new law, signed by Gov. Mike Kehoe (R) on the same day the NLRB decision was issued, specifically states: “Cannabis industry employment, including work in climate-controlled indoor cultivation and processing facilities, is not ‘agricultural labor’ as used for purposes of exemptions from collective bargaining and shall be treated as covered employment under Missouri’s collective bargaining protections.” This legislation is scheduled to take effect on November 12.
Impact on Cannabis Worker Unionization Efforts
The combined effect of the federal NLRB ruling and Missouri’s new state law has provided increased confidence for cannabis workers seeking to organize. Katie Hazelwonder, a trainer in the post-harvest department at Proper Cannabis in St. Louis, and 45 of her colleagues recently filed a petition to hold a unionization election. They are represented by United Food & Commercial Workers Local 655, which also represented the Sinse employees.
Hazelwonder cited the NLRB ruling as a key factor in their decision, stating it offered “the opportunity to sit at the table and make it better for us and the others to come.” Workers like Hazelwonder and post-harvest technician Jack Christian have expressed concerns regarding compensation, job security, and working conditions, including air quality issues in cultivation facilities. Christian noted that some technicians regularly inspect dried cannabis for mold, and that air quality has been a recurring complaint, leading to reported health issues among staff.
The successful unionization vote at the Sinse facility, following a two-year dispute, also served as a source of “great energy and momentum” for Proper Cannabis employees, according to Christian. The explicit legislative backing from Missouri and the federal clarification from the NLRB are expected to streamline future unionization processes and provide a clearer legal framework for labor relations within the state’s cannabis industry.
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
