By Ruth Hill R.N.
I remember my mother, of German and Lithuanian descent, celebrating International Workers’ Day on May 1. She taught me to celebrate May 1 by gathering wildflowers and green branches, “bringing in the May,” she called it. I remember running up the mountain behind my house very early in the morning, searching for flowers to give her before she woke up.
May Day has many other traditions that have evolved since the original gathering of flowers. In America, Law Day on May 1 encourages all Americans to reflect on the personal rights and liberties enjoyed and exercised daily.
The U.S. House of Representatives passed H. Res. 855 on April 21, 2010, designating May 1 as Silver Star Service Banner Day. In 1818, Congress awarded the Citation Star for “Gallantry in Action” on May 1. The Silver Star Medal replaced it in 1942. Every May 1, we remember service members wounded in combat, the sick, and those who are dying.
The first Saturday in May is linked to cannabis culture because of the Global Marijuana March (GMM), also known as the Million Marijuana March, which took place on that day in 1999. While May Day holds different meanings, its association with cannabis has become stronger due to events like the GMM. The inaugural GMM, held in 1999, attracted hundreds of thousands of participants in over 1034 cities across 85 countries.
On May 1, let’s recognize the advances in the law regarding employees working in the cannabis industry. Assembly Bill 2188 (AB 2188) amends the California Fair Employment and Housing Act (FEHA) to prohibit employers from discriminating against current employees or job applicants who use cannabis off the job and away from work. The bill took effect on January 1, 2024.
AB 2188 does not permit employees to possess or use marijuana on the job, nor does it affect the rights of employers to maintain a drug and alcohol-free workplace. Instead, AB 2188 focuses on tetrahydrocannabinol (THC) and the level of impairment of individuals while at work. THC is the chemical compound in cannabis that causes impairment in users and may cause them to experience psychoactive effects. THC is metabolized and stored in the body as non-psychoactive cannabis metabolites, the presence of which does not indicate that the employee is actively impaired.
AB 2088 does not apply to employees in safety-sensitive regulated positions within the Department of Transportation (DOT), such as commercial vehicle drivers, construction trade, or public workers.
The second law, SB 700, amended the FEHA to close what many viewed as a loophole in the former bill. By removing this loophole, SB 700 made it unlawful for employers to inquire into a job applicant’s past use of cannabis. Employers must understand that this ban also includes questions about criminal history related to marijuana.
A little more than half, fifty-one percent (51%), of employers report they test for cannabis at the pre-hire stage to stay compliant with legal requirements. In contrast, before SB 700, 100% of employers tested for THC as a condition of employment. In comparison, about the same number (46%) continue to test because they are concerned about legal liability.
There are currently twenty-eight (28) bills in the California legislature. The one most likely to affect consumers is the law to increase the excise tax rate from 15% to 19% starting July 1, 2025. Passage of this bill would result in an overall 25% tax hike for an already struggling and overtaxed industry. However, the passage of AB 564 by Assembly Member Haney will suspend that increase in the cannabis excise tax, allowing the legal cannabis industry to regain its foothold. The Committee on Revenue and Taxation (CRT) meeting is scheduled for 5/5/2025. Do call Committee Chairman Mike A. Gibson at 916-319-2065 to support this bill. Also, call Assembly Member Matt Haney at 916-319-2017 to thank him for submitting AB 564.
Gather your cannabis flowers, Super Silver Haze, Lizard Berger, Super-H-Lee, Cereal Milk, Unruly OG, and Ozone to enjoy on May Day. Send any flowers to hilruth@gmail.com.
