Summer Recess & Cannabis Progress: Cannabis News from the Capitol and Expectations for the August Break
by Michelle Rutter Friberg, NCIA’s Director of Government Relations
After NCIA’s 11th Annual Cannabis Industry Lobby Days concluded in May, cannabis news from Washington, D.C. has been relatively slow. Curious about what’s next before August recess begins? Keep reading to see what may happen ahead of the break and for a recap on where we’re at now.
SAFE Banking
Last month, just before NCIA’s Lobby Days, the Senate Banking, Housing, and Urban Affairs Committee held a hearing titled “Examining Cannabis Banking Challenges of Small Businesses and Workers”. Witnesses included the bill’s lead sponsors, Senators Jeff Merkley (D-OR) and Steve Daines (R-MT), as well as Ademola Oyefes (International Vice President and Director of Legislative and Political Action Department, United Food and Commercial Workers International Union [UFCW]), Michelle Sullivan (Chief Risk & Compliance Officer, Dama Financial), Dr. Kevin Sabet (President/CEO, Smart Approaches to Marijuana [Project SAM]); and Cat Packer (Vice Chair, Cannabis Regulators of Color Coalition).
My takeaways from the hearing: no new talking points from Project SAM, surprised by DAMA’s comments (they’ve since walked their testimony [which many saw as opposition to the bill] back), and most importantly of all: the real need for SAFE so that we can stop talking about access to financial services and start talking about legalizing and regulation cannabis in a smart and equitable way.
As for what’s next? Banking Committee Chairman Sen. Sherrod Brown (D-OH) recently shared that SAFE Banking would be scheduled for a markup after a few other bills received theirs. The good news? That process has begun. The bad news? Still no formal news on when SAFE’s markup will be. I’m expecting it to be after the Fourth of July break but before members leave D.C. for their annual, month-long August recess.
Appropriations
For years, advocates have looked to the appropriations process as a way in which to enact cannabis reform at the federal level.
In 2014, a provision that protected medical cannabis patients, programs, and businesses from federal interference (known as the “Rohrabacher-Farr” amendment) was included in the federal budget and became law. Since then, the provision has been included in appropriations bills and remains the law of the land.
NCIA has (and continues to) lobby on behalf of expanding this provision to include adult-use businesses and to also use the appropriations process to enact other reforms like allowing Washington, D.C. to commercialize adult-use cannabis sales.
House GOP negotiators heightened the stakes earlier this week when they announced they would mark up their FY2024 spending plans to levels lower than the budget caps set as part of a deal struck between President Biden and Speaker Kevin McCarthy (R-CA). This will undoubtedly make the already contentious budget-process even more volatile.
Maryland
On July 1, adult-use cannabis sales will begin in Maryland. Cannabis became legal for those over 21 in Virginia in 2021, while D.C. legalized cannabis for adults via Initiative 71 in 2014 (but have been unable to begin sales due to congressional interference). Legal sales in the District’s neighboring states means that members of Congress will surely be more exposed to the benefits of regulation.
So, while it’s been relatively quiet in D.C. in June, stay tuned in July for a possible first-ever Senate markup of SAFE Banking! As always, NCIA will continue to advocate on behalf of your business and keep you updated on the latest.
Allied Association Blog: Repetitive Motion Injuries and the Importance of Ergonomics in the Cannabis Industry
By Alex Hearding, Chief Risk Management Officer, National Cannabis Risk Management Association
Repetitive motion injuries, also known as musculoskeletal disorders (MSD) are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over again. Common repetitive motion injuries are carpal tunnel syndrome and tendonitis. According to the Bureau of Labor Statistics in 2013, repetitive motion injuries cases accounted for 33% of all worker injury and illness cases.
These injuries can be mitigated or controlled through ergonomics. Ergonomics is defined as: “The scientific discipline concerned with the understanding of the interactions among humans and other elements of a system, and the profession that applies theory, principles, data, and methods to design in order to optimize human well-being and overall system performance.” Or more simply put: ‘Fitting the job to the person.’ The goal is to eliminate discomfort and risk of injury due to work. Ergonomics can prevent or reduce work-related MSDs and increase work efficiency.
Every industry and business has tasks that require repetitive motion, the cannabis industry and businesses are no exception. Cannabis operations have some motions and tasks that are similar to many industries, like lifting heavy objects, computer work, and standing for long periods of time. Cannabis operations also have some motions and tasks that are similar to other agricultural operations like pruning and harvesting.
But there is a task and motion in the cannabis industry that is uniquely its own: trimming. There are many different methods to marijuana trimming, including: pre-harvest trimming and pruning, wet trimming, dry trimming, and machine trimming. All trimming methods have the same goal: to manicure the flower (or bud) to its final product ready for the customer or patient. The process is a tedious one where the trimmer removes the leaves of the marijuana flower with scissors while leaving the calyx and resin (the good parts of the bud). The quality of smoke, vapor, and ultimately the consumer’s experience is affected by the quality of the trim job.
Traditionally, most marijuana trimming has been done seasonally around the harvest season. Most cannabis grown outdoors is harvested around October and it is common for cannabis farms to have ‘trim crews’ help them for a couple of months. As medical and adult-use laws expand, so do indoor and greenhouse operations. These operations are capable of ‘perpetual harvests’ meaning they can harvest more often; this has to do with the ability to control light and dark cycles. This means many operations can plan to harvest plants monthly, weekly, or daily if they choose. This has changed the demand for trimmers from largely seasonal you year-round demand, increasing the trimmers’ likelihood of repetitive motion injuries.
There is still a lot of confusion with workers in the industry about their rights. While many states have legalized marijuana, it is still federally illegal. Many workers do not know while it is federally illegal, they still have the same federal worker rights and protections every other U.S. worker has including the rights under the Occupation Safety and Health Act of 1972. Under this law, employers must provide a safe workplace, train employees in the hazards of the workplace, and inform the employees of the rights to report work-related injuries. Cannabis industry workers must also be covered by workers’ compensation if they become injured at work.
The lack of awareness about worker rights has likely led to the under-reporting of these injuries. As awareness of worker rights grows, the reporting workers’ compensation claims of these work-related MSD injuries will likely grow too. Pinnacol, Colorado’s largest workers compensation provider, reported that strains were the most common injury reported by cannabis workers in 2018. This should concern everyone in the industry. Cannabis businesses should heed the warning signs and keep their workers safe by developing their own internal ergonomic processes and practices for their operations.
California is in a unique position as when it comes to cannabis and ergonomics. California is the largest producer of cannabis and has more stringent ergonomic standards. If a California company has more than one employee report a repetitive motion injury, they are required to establish an ergonomic program to reduce repetitive motion injuries. These ergonomic programs require:
- A worksite evaluation
- Control of exposures which have caused the repetitive motion injury
- Training of employees
Additionally employers in California are required to have an effective written Injury and Illness Prevention Program (IIPP), to comply with the California Code of Regulations, title 8, section 3203. The IIPP must include procedures to identify and correct health and safety hazards in the workplace and provide effective training to all employees so they can perform work safely.
The cannabis industry is still immature and searching for best practices of operations. While many workers and operators in the industry understand the need for ergonomic standards the reality is that ergonomic standards still need to be defined. This has been the goal of the National Cannabis Risk Management Association (NCRMA) and Dr. Chris Hughes with Atlas Performance Technologies, LLC. They have developed four courses to educate the industry on ergonomics, including: Introduction to Cannabis Ergonomics, Lift Like a Pro, Prune Like a Pro, and Trim Like a Pro. These courses are available through the NCRM Academy and can be found online here: https://ncrma.net/ncrmacademy/ These courses are designed for entry level cannabis workers to inform them of their rights, the ergonomic hazards, proper hazard controls, and best practices to stay safe and increase productivity.
Alex Hearding has an educational and professional background as a water and soil scientist and safety professional. He has legally cultivated marijuana as a medical caregiver and as a facility manager in a licensed greenhouse. He has experience starting marijuana businesses including license application, facility design, construction, operational development, and management. He currently provides services including occupational safety & health services and training and risk management for the cannabis industry.
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