Oregon-based marijuana companies are asking a federal court to uphold a lower judge’s ruling that struck down a voter-approved law to require licensed cannabis businesses to enter into labor peace agreements with workers and mandate that employers remain neutral in discussions around unionization.
In a brief filed with the U.S. Court of Appeals for the Ninth Circuit on Wednesday, attorneys for two marijuana businesses—Bubble’s Hash and Ascend Dispensary—said the prior district court ruling was accurately decided, as the labor peace agreement requirement unconstitutionally infringed upon their freedom of speech.
This comes about two months after the defendants—Oregon Gov. Tina Kotek (D), Attorney General Dan Rayfield (D) and Oregon Liquor and Cannabis Commission’s (OLCC) Dennis Doherty and Craig Prins—urged the appeals court to review the constitutional challenge to the state law following their lower court defeat.
The plaintiffs initially filed a lawsuit in the district court challenging the implementation of Measure 119, and a federal judge sided with the plaintiffs, finding that the law unconstitutionally restricts free speech and violates the federal National Labor Relations Act (NLRA).
“Although Defendants and Plaintiffs do not dispute that the NLRA applies to the cannabis industry, and do not dispute the Lower Court’s opinion regarding
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