New York State’s Cannabis Labor Peace Agreements ‘Target Of First Of Its Kind’ Federal Lawsuit

Brendan Lyons at The Albany Times Union reports the operators of a retail cannabis store in New York City have filed a Federal lawsuit against the New York State Cannabis Control Board and Office of Cannabis Management challenging the constitutionality of a requirement in the law that legalized marijuana for all licensees to have Labor Peace Agreements. The lawsuit was filed by Hybrid NYC, which operates a store in Brooklyn under the name Gotham. The law stipulates Labor Peace Agreements are intended to protect the “proprietary interests” of the State as a stakeholder in the Cannabis Industry, but Hybrid’s lawsuit - the first of its kind against New York, contends that stipulation is unlawful because New York cannot have a proprietary interest in the Marijuana Industry without violating the Federal Controlled Substances Act. The law also requires all Cannabis Industry Licensees to provide their Employees' contact information to the Labor Organization that may seek to represent them, and not to engage in any communication with their Employees to try and dissuade them from joining a Union. The suit contends New York’s requirement for the Labor Peace Agreements to be in place for cannabis licensees violates the National Labor Relations Act.
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