Should California's Cannabis Law Go Up in Smoke? The Potential Impact of Federal Labor Law Preemption on California's Marijuana Statute

California's recently enacted Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) requires, among other things, that in order to obtain a license to engage in commercial-cannabis activity, business applicants with 20 or more employees must "provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement."
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California's recently enacted Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) requires, among other things, that in order to obtain a license to engage in commercial-cannabis activity, business applicants with 20 or more employees must "provide a statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement."

Curt Kirschner is a partner in the San Francisco Office of Jones Day and is a member of the Editorial Board of the Bender’s California Labor & Employment Bulletin. He may be reached at ckirschner@jonesday.com.

Miguel Manriquez is an associate in Jones Day’s Labor & Employment practice in San Francisco. He represents businesses in all areas of labor and employment law with a focus on the National Labor Relations Act.

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