Prospects and Pitfalls: Confronting Sexual Harassment in the Legal Cannabis Industry

• Published in: The American University journal of gender, social policy & the law Vol. 29; no. 1; pp. 1 - 32
• Main Author: Smith, Alexis N
• Format: Journal Article
• Language: English
• Published: Washington American University 01-01-2020
• Subjects: Black markets; Cannabis industry; Corporate growth; Drug legalization; Employees; Employment; Entrepreneurs; Federal Legislation; Females; Gender Bias; Gender Discrimination; Leadership Role; Males; Marijuana; Medical marijuana; Oppression; Private equity; Regulated industries; Sales; Sex discrimination; Sexism; Sexual harassment; Startups; New York; Washington DC; United States > US
• ISSN: 1557-3753; 2331-317X

Sexual discrimination and harassment plague the legal cannabis industry. [...]the industry's past illicit nature threatens to perpetuate employer misconduct. Cannabis workers have traditionally proved reluctant to report abuse for fear of exposing the enterprise to governmental scrutiny. Because of federal prohibition, access to traditional employment protection statutes has historically been-and may still be-limited. According to an article in Forbes, sexism remains a problem even in the legal cannabis industry.5 Many women report that "unwelcome sexual overtures, dismissive behavior on account of gender, or salacious marketing that objectifies women" contribute to an oppressive environment.6 Some report "feeling under siege. Pursuant to the Controlled Substances Act (CSA), cannabis has no currently accepted medical use.24 The CSA remains controlling law throughout the United States.25 In Gonzales v. Raich, the Supreme Court supported the constitutionality of the federal prohibition, finding that the CSA lies within Congress' commerce clause powers.26 Thus, the federal government retains the right to enforce marijuana regulations, even when consumed for medical use.27 Today, the federal government has the ability to prosecute anyone associated with cannabis for a variety of crimes other than cultivation, e.g., money laundering statutes, the unlicensed money transmitter statute, and the Bank Secrecy Act.28 The Department of Justice has expressly stated that state law cannot change the illegal status of the cannabis industry.29 The availability of federal statutes protecting employees remains undecided.