Rulemaking: Cannabis; Labor Peace Agreements

Notice of Approval of Regulatory Action

The Office of Administrative Law approved OAL File Nos. 2023-0802-02s and 2023-1024-04SR, and filed the regulatory action with the Secretary of State on December 7, 2023. This rulemaking action adopts new regulations regarding labor peace agreements in the cannabis industry and implements the labor peace agreement complaint procedure set forth in Business and Professions Code section 26051.5, subdivision (a)(5)(D) when it is alleged a licensee has entered into a labor peace agreement with an organization that is not a bona fide labor organization.

The regulations become effective on April 1, 2024, and the strikeout/underline text can be found here.

Notice of Proposed Regulatory Action – Notice File No. Z2023-0313-01

The proposed regulatory action provides guidance regarding the use of labor peace agreements in the cannabis industry and implements the complaint procedures set forth in Business and Professions Code section 26051 where it is alleged a licensee has entered into a labor peace agreement with an organization that is not a bona fide labor organization.

On September 14, 2023, the Agricultural Labor Relations Board provided notice of modifications to these proposed regulations providing guidance regarding the use of labor peace agreements in the cannabis industry and implementing the complaint procedures set forth in Business and Professions Code section 26051 where it is alleged a licensee has entered into a labor peace agreement with an organization that is not a bona fide labor organization. Any interested person, or the representative of any interested person, may submit written comments relevant to the proposed modifications to the proposed regulatory text or the documents added to the rulemaking file. Comments may be submitted by email to Santiago Avila-Gomez, Executive Secretary, at Santiago.Avila-Gomez@alrb.ca.gov. Written comments also may be submitted by mail to Santiago Avila-Gomez, Executive Secretary, Agricultural Labor Relations Board, 1325 J Street, Suite 1900-B, Sacramento, CA 95814. The written comment period closes on September 29, 2023, which is 15 days after the publication of this notice.

Second 15-Day Notice Materials

• Notice of Modifications to Text of Proposed Regulations and of Addition of Documents to Rulemaking File – contains information about the modifications to the proposed regulatory text, documents added to the rulemaking file, and procedural information.
• Addendum to Initial Statement of Reasons in Support of Proposed Regulatory Action – provides further explanation for reasons why certain of the proposed changes are being made.
• Modified Regulatory Text – the text of the proposed regulations.

Regulations Subcommittee Report

• Regulations Subcommittee Report

15-Day Notice Materials

• Notice of Modifications to Text of Proposed Regulations and of Addition of Documents to Rulemaking File – contains information about the modifications to the proposed regulatory text, documents added to the rulemaking file, and procedural information.
• Addendum to Initial Statement of Reasons in Support of Proposed Regulatory Action – provides further explanation for reasons why certain of the proposed changes are being made.
• Modified Regulatory Text – the text of the proposed regulations.

Regulations Subcommittee Report

• Regulations Subcommittee Report

Initial Notice Materials

• Notice of Proposed Rulemaking – contains information about the proposed regulatory changes and procedural information.
• Express Terms of the Proposed Regulatory Text – the text of the proposed regulations.
• Initial Statement of Reasons – explains the reasons why the proposed regulatory changes are being made.

Preliminary Rulemaking Activities

The Board approved this proposed rulemaking at its August 31, 2022 public meeting. Information regarding the Board’s pre-rulemaking activities is listed below:

• Regulations Subcommittee Report – Proposed Cannabis Labor Peace Agreement Regulations, Aug. 26, 2022