Federal Cannabis Prohibition and Worker Unionization

OG Article By Chris Roberts

September 17 2025

Novel Legal Challenge

A Michigan cannabis company, Exclusive Brands, argues federal cannabis prohibition exempts its workers from federal labor protections.Success could weaken rights for workers in the $32 billion cannabis industry. MJBizDaily

Unprecedented Tactic

This is the first known attempt to use federal prohibition to block unionization.It requires the National Labor Relations Board (NLRB) to reverse years of recognizing cannabis worker unions.Such a reversal would be a “significant departure,” says former NLRB chair Lauren McFarran. MJBizDaily

Trump Administration’s Role

A Trump-led NLRB might support this, says professor Maggie Gray.The administration has shown interest in limiting union protections.New NLRB appointments are needed for decisions, as a three-member quorum is required. MJBizDaily

Michigan Strike

Eight workers at Exclusive Brands’ Ann Arbor store have been on strike since August 28.They protest the company’s refusal to recognize their union, United Food and Commercial Workers.Workers face retaliation, like reduced hours, for raising workplace issues. MJBizDaily

Company’s Argument

Exclusive’s petition claims the NLRB lacks jurisdiction because cannabis is a Schedule I substance.It argues federal labor law shouldn’t apply, as it conflicts with federal prohibition.The petition lacks prior NLRB case support; a hearing is pending. MJBizDaily

State Labor Laws

If the NLRB can’t act, state labor laws apply.“Trigger laws” in California, New York, and Massachusetts allow workers to petition state agencies.States like Missouri, with weaker labor laws, favor anti-union efforts. MJBizDaily

Unequal Protections

The National Labor Relations Act (NLRA) excludes agricultural workers, impacting cannabis cultivators.States like California offer protections for agricultural workers.Unions gained ground under Biden, but companies like Curaleaf and Green Thumb resist unionization. MJBizDaily

Testing Boundaries

Exclusive’s move may test how far the Trump administration will push against labor rights.“It’s like they’re seeing what they can get away with,” says worker Emily Hull. MJBizDaily