Oregon Measure 119, Unionization of Cannabis Workers Initiative (2024)

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Oregon Measure 119
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Election date
November 5, 2024
Topic
Labor and unions and Marijuana
Status
Approveda Approved
Type
State statute
Origin
Citizens

Oregon Measure 119, the Unionization of Cannabis Workers Initiative, was on the ballot in Oregon as an initiated state statute on November 5, 2024.[1][2] The ballot measure was approved.

A "yes" vote supported requiring cannabis businesses to submit to the Oregon Liquor and Cannabis Commission a signed labor peace agreement requiring the business to remain neutral when labor organizations communicate with employees about collective bargaining rights with its licensure or renewal application.

A "no" vote opposed requiring cannabis businesses to submit to the Oregon Liquor and Cannabis Commission a signed labor peace agreement requiring the business to remain neutral when labor organizations communicate with employees about collective bargaining rights with its licensure or renewal application.


Election results

See also: Results for minimum wage and labor-related ballot measures, 2024

Oregon Measure 119

Result Votes Percentage

Approved Yes

1,153,451 56.73%
No 879,934 43.27%
Source


Overview

What did Measure 119 do?

See also: Text of measure

Measure 119 required cannabis retailers and processors to submit a signed labor peace agreement with their application or license renewal to the Oregon Liquor and Cannabis Commission. A labor peace agreement was defined as an arrangement where an applicant or licensee agreed to remain neutral with respect to labor representatives communicating with employees about their rights. If an applicant or licensee failed to submit or comply with a labor peace agreement, the commission was authorized to deny the application for licensure.[1]

If a labor peace agreement was terminated, the licensee was required to notify the commission within 10 business days and to establish a new agreement within 30 days. If the licensee did not submit a new agreement within this period, the commission could suspend the license for up to 10 days or impose a $1,650 fine, adjusted according to the delay in compliance.[1]

Measure 119 took effect 30 days after the election. As of 2024, similar labor peace requirements existed for licensed cannabis businesses in states like California, Connecticut, New Jersey, New York, and Virginia.[3]

Who supported and opposed Measure 119?

See also: Support and Opposition

IP 35 led the signature drive to place the measure on the ballot. It reported $3.9 million in contributions through October 29. The only donor was UFCW Local 555. Miles Eshaia, communications coordinator for the United Food and Commercial Workers Local 555, said, "Something that's rampant in the industry is toxic chemicals, unchecked safety concerns and lack of proper PPE. Employers often cut corners. They compromise both worker and consumer safety, and you can avoid all that with a collectively bargained agreement and a collectively bargained safety agreement."[4]

The Taxpayers Association of Oregon opposed Measure 119, stating, "If passed, Measure 119 would likely cause labor costs to spike and hurting a fragile industry already in decline, giving more power to illegal street drug dealers. Shop owners and staff should work out their concerns without using the government to choose a favorite side."[5]

Text of measure

Ballot title

The ballot title was as follows:[2]

Cannabis retailers/processors must remain neutral regarding communications to their employees from labor organizations; penalties 

Result of 'Yes' Vote: 'Yes' vote requires cannabis retailers/processors to agree to remain neutral when labor organizations communicate with employees about collective bargaining rights; licensure/certification penalties possible. 

Result of 'No' Vote: 'No' vote retains current labor laws; no requirement that cannabis retailers/processors agree to remain neutral on communications between their employees and labor organizations. 

[6]

Ballot summary

The ballot summary was as follows:[2]

Current law generally guarantees employees’ rights to organize and collectively bargain. Measure requires agreement between cannabis retailers/processors and a labor organization that meets the definition of labor organization under the National Labor Relations Act and whose operations are independent of the retailer/processor. At minimum, agreement must require that retailer/processor will remain neutral when labor organization representatives communicate with employees about collective bargaining rights. Oregon Liquor and Cannabis Commission must require such signed agreement or attestation of such agreement, in addition to existing licensure or certification requirements for cannabis retailers/processors. Failure to have a signed agreement or attestation, or to follow the agreement, may result in penalties, including fines or the denial, suspension, or revocation of retailer’s/processor’s license or certificate.[6]

Full text

The full text of the ballot measure is below:[1]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 15, and the FRE is 9. The word count for the ballot title is 72.

The FKGL for the ballot summary is grade level 20, and the FRE is -3. The word count for the ballot summary is 124.


Support

Oregon Workers, also known as Vote Yes on 119, led the campaign in support of Measure 119.[7]

Supporters

Officials

Candidates

Political Parties

Unions

  • American Federation of Teachers - Oregon
  • Oregon AFL-CIO
  • UFCW Local 555

Organizations

  • East County Rising
  • Oregon AFSCME
  • Oregon Center for Public Policy


Arguments

  • Miles Eshaia, communications coordinator for the United Food and Commercial Workers Local 555: "Something that's rampant in the industry is toxic chemicals, unchecked safety concerns and lack of proper PPE. Employers often cut corners. They compromise both worker and consumer safety, and you can avoid all that with a collectively bargained agreement and a collectively bargained safety agreement."
  • Oregon Workers PAC: "Since legalization, the Oregon Cannabis industry has been plagued with toxic chemicals, unchecked pests, and fire hazards. Many workers have already died due to easily preventable accidents. Although there are workplace safety regulations in place, the State often lacks the resources necessary to quickly enforce reported violations. Workers who try to speak out about safety or product concerns are met with intimidation because they lack the protections other workers have. When Measure 119 is passed, workers will be able to collectively bargain for workplace conditions. They will be able to enforce safety and product standards through through their union contract."
  • Dr. Rosa Colquitt, chairperson of the Democratic Party of Oregon: "By allowing cannabis industry employees to form a union, we can foster a more equitable workplace and empower the workforce to voice their concerns regarding wages, benefits, and working conditions. This measure aligns with our party’s commitment to promoting labor rights and fair treatment for all workers. Our solidarity with this cause will contribute to creating a more just and equitable working environment for workers in this emerging industry."


Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Opponents

Organizations

  • Taxpayers Association of Oregon


Arguments

  • Taxpayers Association of Oregon: "Oregonians were promised that if they legalized marijuana, it would make it legal, safe, and would eliminate the criminal black market. Instead, the black market is bigger than ever, driving legal shops out of business. ... Oregon’s legal shops pay high taxes, have extreme red tape, and cannot compete against untaxed and unregulated illegal pot farms that uses human-trafficked, slave-like labor. If passed, Measure 119 would likely cause labor costs to spike and hurting a fragile industry already in decline, giving more power to illegal street drug dealers. Shop owners and staff should work out their concerns without using the government to choose a favorite side."


Campaign finance

See also: Campaign finance requirements for Oregon ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through October 29, 2024.


Two PACs—IP 35 and Oregon Workers—registered as political action committees (PACs) to support Measure 119. Three additional PACs advocated for or against multiple measures, including two for Measure 119 and one against the measure.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $985,000.00 $2,887,658.06 $3,872,658.06 $466,018.96 $3,353,677.02
Oppose $8,205.00 $0.00 $8,205.00 $12,897.63 $12,897.63

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[8]

Committees in support of Measure 119
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
IP 35 $0.00 $2,433,967.37 $2,433,967.37 $0.00 $2,433,967.37
2024 Our Oregon Voter Guide $635,000.00 $12,857.00 $647,857.00 $126,637.50 $139,494.50
Oregon Workers $30,000.00 $439,151.69 $469,151.69 $27,025.00 $466,176.69
Mobilize Oregon Voters $320,000.00 $1,682.00 $321,682.00 $312,356.46 $314,038.46
Total $985,000.00 $2,887,658.06 $3,872,658.06 $466,018.96 $3,353,677.02

Donors

The following were the top donors who contributed to the support committees.[8]

Donor Cash Contributions In-Kind Contributions Total Contributions
UFCW Local 555 $0.00 $2,873,119.06 $2,873,119.06
Building Power for Communities of Color $250,000.00 $0.00 $250,000.00
Our Oregon $190,000.00 $12,857.00 $202,857.00
SEIU Local 503 $130,000.00 $0.00 $130,000.00
Oregon Education Association $100,000.00 $0.00 $100,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the measure.[8]

Committees in opposition to Measure 119
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Advance Liberty $8,205.00 $0.00 $8,205.00 $12,897.63 $12,897.63
Total $8,205.00 $0.00 $8,205.00 $12,897.63 $12,897.63

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2024 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

You can share campaign information or arguments, along with source links for this information, at [email protected]


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • The Oregonian Editorial Board: "While certainly there’s an argument to simply passing this measure and letting the courts sort this out in the litigation that will inevitably follow, there’s a better argument that Oregonians should let other states, on their dime, fight this out first. Voters should consider the caution that legislators have already shown when considering the question and vote 'no.'"
  • The News-Register Editorial Board: "This measure was cooked up by the United Food & Commercial Workers Union, which is trying to organize the cannabis industry. It would require cannabis businesses to submit a signed labor agreement in order to renew their licenses, serving to all but force them to unionize. Think right to work imposed in reverse. Think big government run amok."


Background

Cannabis workers in Oregon

The Oregon Employment Department estimated that 7,671 people worked in the cannabis field in manufacturing, professional and business services, agriculture, trade, transportation, and warehousing, and other services as of 2022. The Oregon Liquor and Cannabis Commission also requires permits for cannabis workers. As of November 2022, 64,600 permits were active, which means they were approved but not necessarily that they are in use.[9]

Oregon law governing employee bargaining rights

Oregon Revised Statute 663.110 governs the bargaining rights of employees. It guarantees the right to self-organization, to strike, to collective bargaining through representatives, and to join a union. Employees also have a right under the law to not engage in such activities except unless membership is required as a condition of employment.[10]

Oregon Legalized Marijuana Initiative, Measure 91 (2014)

See also: Oregon Legalized Marijuana Initiative, Measure 91 (2014)

In 2014, Oregon voters approved the legalization of recreational marijuana for people ages 21 and older and authorized the Oregon Liquor Control Commission to regulate marijuana sales. Measure 91 was approved by a margin of 56.11% to 43.89%. It was sponsored by New Approach Oregon. Oregon voters approved medical marijuana in 1998 with the approval of Measure 67.

Marijuana laws and ballot measures in the United States

See also: Marijuana laws and ballot measures in the United States

As of July 2024, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes, and 38 states and D.C. had legalized marijuana for medical purposes. The first map shows the status of recreational marijuana by state, and the second map shows the status of medical marijuana by state.

Path to the ballot

See also: Laws governing the initiative process in Oregon

The state process

In Oregon, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the votes cast for governor in the most recent gubernatorial election. Signatures for Oregon initiatives must be submitted four months prior to the next regular general election. State law also requires paid signature gatherers to submit any signatures they gather every month.

Moreover, Oregon is one of several states that require a certain number of signatures to accompany an initiative petition application. The signatures of at least 1,000 electors are required to trigger a review by state officials, a period of public commentary, and the drafting of a ballot title. Prior to gathering these initial 1,000 signatures, petitioners must submit the text of the measure, a form disclosing their planned use of paid circulators, and a form designating up to three chief petitioners. The 1,000 preliminary signatures count toward the final total required.

The requirements to get an initiated state statute certified for the 2024 ballot:

In Oregon, signatures are verified using a random sample method. If a first round of signatures is submitted at least 165 days before an election and contains raw, unverified signatures at least equal to the minimum requirement, but verification shows that not enough of the submitted signatures are valid, additional signatures can be submitted prior to the final deadline.

Details about this initiative

  • The initiative was filed by Dan Clay, Madison Walters, and Fiona Yau-Yuu on June 12, 2023.[2]
  • The campaign submitted 156,533 unverified signatures on July 5, 2024.[2]
  • On August 1, the secretary of state reported that the initiative had submitted 120,503 valid signatures, qualifying it for the ballot.[2]

Sponsors of the measure hired UFCW Local 555 to collect signatures for the petition to qualify this measure for the ballot. A total of $2,433,967.37 was spent to collect the 117,173 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $20.77.


How to cast a vote

See also: Voting in Oregon

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Oregon.

See also

External links

Footnotes