Does federal marijuana prohibition mean labor law doesn't apply?

A Michigan cannabis company is attempting to thwart a unionization effort using a novel tactic: convincing the Trump administration that cannabis workers don’t enjoy federal labor law protections because cannabis is illegal under federal law.If the argument that Ann Arbor-based Exclusive Brands recently presented to the National Labor Relations Board (NLRB) is successful, workers across the $32 billion national market could see their rights and protections weakened, observers told MJBizDaily.

ADVERTISEMENT It’s believed to be the first time a cannabis company has tried to cite federal marijuana prohibition to avoid unionization, several observers told MJBizDaily.Such a finding would require the NLRB to contradict itself and declare, after years of recognizing cannabis worker unions, that it was incorrect and that the National Labor Relations Act (NLRA) does not apply.

That would be a “significant departure,” Lauren McFarran, a former chairperson of the NLRB, told MJBizDaily, because prior decisions have recognized cannabis workers’ rights under federal labor law.Major labor reversal possible under Trump administration But under Trump, it’s entirely possible, said Maggie Gray, a professor of political science at Adelphi University who’s published on labor issues.

“The NLRB has made many decisions that recognize cannabis workers,” Gray acknowledged.At the same time, the Trump administration has demonstrated an appetite to curtail union protections for both public and private sector workers, she noted.

“So I don’t think it’ll be a surprise if a Trump-appointed NLRB decided to no longer recognize cannabis workers.” ADVERTISEMENT Before that can happen, the Trump administration needs to make more appointments to the board, which cannot meet and issue any decisions at all until it has at least a three-member quorum.In that vacuum, state-level l...