Sunday, 29 September 2024

Schaerges: Lake County cannabis industry needs to look at unions

Individuals in the Lake County cannabis industry should be looking into the formation of labor unions. A union of local Lake County growers would provide additional legality to the current medical marijuana collective system.


As the cannabis industry evolves, unions will protect individuals and promote investment through fair and effective labor standards.


Additionally, the Drug Enforcement Administration and other law enforcement agencies will be much less eager to arrest growers belonging to unions (free Lake County’s Eddy Lepp and drop the charges against Tom Carter).


Let’s create jobs, not criminals. The right to unionize is not only a labor right, but it also is a human right.


During a speech in August of 1960, President John F. Kennedy declared, “Through collective bargaining and grievance procedures, labor unions have brought justice and democracy to the shop floor. But their work goes beyond their own job, and even beyond our borders. For the labor movement is people. Our unions have brought millions of men and women together … and given them common tools for common goals. Their goals are goals for all America – and their enemies are enemies of progress. The two cannot be separated.”


As of Sept. 26, current polls show that Proposition 19, which would legalize marijuana, is ahead by seven percentage points.


One of the most influential labor unions in the state, Service Employees International Union (SEIU), has recently endorsed Proposition 19.


Bill Lloyd, the president of the 700,000 member SEIU, said the union decided to back the legalization of marijuana because it could help raise revenue to avoid cuts to health care, home care, education and services for children, families, the elderly and people with disabilities.


Proposition 19 is also supported by the United Food and Commercial Workers, the Northern California Council of the International Longshore & Warehouse Union, Communications Workers of America Local 9415 and Sign Displays & Allied Crafts Local 510.


Unions are already organizing within the medical marijuana industry. Earlier this year, approximately 100 workers in Oakland's retail Medical Marijuana dispensaries joined the United Food and Commercial Workers (UFCW) union.


Dan Rush of the Local 5 union stated that, “the marriage of the cannabis-hemp industry and the UFCW union is a natural one. We are an agriculture, food processing and retail union, as is this industry. We are proud to represent our cannabis workers and we’re determined to create a responsible, safe, and effective industry not only for our members, but for the communities that we live in and work in too. We have only just begun to organize this industry.”


Teamsters Local 70, an Oakland-based union, has recently unionized medical marijuana employees. Approximately 40 new members were added earlier this month. Members of this union work as gardeners, trimmers, and cloners for Marjyn Investments LLC, an Oakland business that contracts with medical marijuana patients through collectives.


Their newly negotiated two-year contract provides individuals with a pension, paid vacation and health insurance. Their current wages of $18 per hour will increase to $25.75 an hour within 15 months, according to the union. Ken Jacobs, chair of the UC Berkeley Labor Center, said Cannabis unions will, “help further legitimize the notion of legalizing and taking cannabis. This reflects a change in attitudes about cannabis in this state- and the recognition of the economic realities that California is facing.”


On July 20, the Oakland City Council voted 5-2 in favor of a plan to license four production plants where marijuana would be grown, packaged and processed. More than 260 potential applicants are interested in competing for the four production plants permits according to Arturo Sanchez, an assistant to the Oakland City administrator who will ultimately issue the permits.


During the bidding process, union connections will be looked upon favorably, as labor standards will be an important factor in determining who receives the permits. Oakland is laying the necessary framework to allow its citizens to profit in a legal market. Even Oakland’s popular Oaksterdam University has unionized.


Individuals within Lake County’s cannabis industry should be researching, collaborating and innovating. What will be the future of the cannabis industry? Will it be in large agricultural fields or industrial production plants? Or will it be more scientific, with testing to find that perfect medicinal strain? Could cannabis tourism revitalize Lakeshore Drive in Clearlake or maybe even reopen Konocti Harbor Resort? What about the production of hemp?


Lake County has great soil and some of the cannabis industry’s most knowledgeable professionals. To use economic terms, Lake County needs to capitalize on its comparative advantage and invest in its future.


The evolution and success of Napa’s wine industry is an excellent model of development and innovation. Napa County constructed a local wine industry that prevailed over neighboring counties (including Lake County). Right now, Humboldt and Mendocino counties are looking to blaze ahead in the “green rush” and Lake County shouldn’t be left in their smoke trails.


The Bay Area and other Northern California counties are thinking big. For example, a Los Angeles-based company (Plant Properties Management LLC) is proposing a 600,000 square foot indoor hydroponic medical marijuana grow in Chico.


Chico councilman Andy Holcombe was favorable to the idea, saying, “If it actually creates jobs and tax

revenue, it sounds like a promising business, just like any other business.”


During a July 2010 Berkeley City Council meeting, Mayor Tom Bates said, “If Prop 19 passes, it would be available to cities to tax, so we’re putting an item on the upcoming ballot to allow us to be able to tax marijuana in the event it passes, so we’d be ahead of the game.”


On Sept. 14, the Lake County Board of Supervisors prolonged the moratorium on medical marijuana dispensaries.


Pointing to the potential passage of Prop 19, the county thought it was better to wait until after the November election to address the issue. I think we should address the issue now, before the price of marijuana drops and Lake County is left with an outdated cannabis industry.


The Lake County Board of Supervisors should be developing a strong relationship with members of the Lake County cannabis industry. If cannabis is legalized, an efficient growing system should be set in

place by spring of 2011.


When it comes to taxing cannabis, it is important to note that if taxes are too high then people will resort back to the black market. Lake County should be creating ordinances that promote development. Local growers should welcome the county’s involvement in the process, as it would bring in revenue and add legitimacy to their product/medicine.


Yes, I understand the current proposition to legalize marijuana is alarming to many individuals who currently profit in the marijuana black market and the medical marijuana gray market. It is natural to resist this economic trend towards commercialization, but it is irrational not to prepare for it. The good news is that the outdoor harvest this fall will not have to compete with large companies, however next

year the market may be considerably more competitive.


Unions are not perfect, but would you rather have a union or a public defender represent individuals in the cannabis industry? The formation of unions would promote development and safe investment. A union would not only be great for Lake County’s Cannabis industry, but also for the Lake County economy.


Until then, we will have ambiguous cannabis prescriptions/cards, cartels illegally growing on public and private land, and no tax revenues to fund our government’s ridiculous marijuana enforcement

expenditures.


Links:


www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/25/MNC21FJMOQ.DTL


www.businessweek.com/ap/financialnews/D9IBM2CO0.htm


www.tokeofthetown.com/2010/08/nations_largest_indoor_pot_grow_proposed_for_chico.php


http://latimes.blogs.latimes.com/lanow/2010/09/marijuana-initiative-proposition-19-legalization-seiu.html


http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=7539724


www.google.com/hostednews/ap/article/ALeqM5hZLBYFaEsfHiwcOne9fhw5u1tVuAD9ICGPHG1


http://articles.sfgate.com/2010-05-28/news/21647932_1_tax-cannabis-union-dispensary


http://sfappeal.com/news/2010/05/pot-goes-union-oaksterdam-joins.php


Robert Schaerges is a student at UC Davis Law School and was born and raised in Lake County.

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