Worcester Business Journal

wbjournal.com | January 7, 2019 | Worcester Business Journal 37 Promote diversity in the marijuana industry Be diligent against marijuana use V I E W P O I N T E D I T O R I A LS W ith recreational marijuana as the new hot industry in Massachu- setts, expected to soon gener- ate up to $1 billion in taxable revenue, it's easy to overlook its illicit past. Prior to the ballot initiative legalizing marijuana in 2016, anyone who wanted to use the drug was getting their supply illegally. Violators un- lucky enough to be caught could be sent to prison for doing what licensed growers and upscale retail outlets are now being praised for. With the industry now legitimized, the long-time operators of the marijuana supply train – otherwise known as drug dealers – have little to show for being the early adaptors in this growing niche. Be- cause cannabis is still illegal federally, any startups or businesses wanting to enter the Massachusetts market need plenty of cash and access to capital. is lack of financing options for those looking to break into the industry means the small, largely minority communities who made up a dispropor- tionate share of the pre-2016 marijuana industry are largely being shut out of the new, legalized Mar- ijuana 2.0 industry. As reporter Zachary Comeau's cover story "Le Behind" notes, African Americans made up 41 percent of marijuana sale arrests in 2014 but now comprise just 4.2 percent of employ- ees in the 2019 legal marijuana industry. And only 3.1 percent of marijuana business licenses in the state are minority-owned. Observing this inequity, the Massachusetts Cannabis Control Commission has designed a new social equity program aimed at providing training and technical services for those largely shut out from the industry post-legalization. e program T he battle for legalizing weed in Massachusetts reached its climax on Nov. 20 when a pot shop in Leicester opened. But the right to legally go one toke over the line will impact employers. e National Institute on Drug Abuse notes the short- term effects of marijuana include impaired body movement, difficulty with thinking and problem-solving, memory problems and an altered sense of time: a deadly combination when operating a high-powered saw or a tractor trailer. In May 2015, an ar- ticle in the Journal of Occupational and Environmental Medicine concluded while marijuana use may be reasonably safe in some controlled environments, its association with workplace accidents raises concern. Employers will be required to make sure their pre-em- ployment drug-testing policies and employee handbook reflect the times. It's important to make job candidates un- derstand the company's substance abuse policy can prohibit an employee from using or being under the influence of marijuana, including medical marijuana, at work. A policy needs to be in place making it crystal clear employees are prohibited from being impaired while on the job. Marijuana can stay in a person's system from 24 to 48 hours aer casual use and up to a month for chronic use. So having an accident on a Tuesday and drug-testing positive because someone had a joint while watching the football game on Sunday, raises certain questions, like whether or not a person's job performance is being impacted by their weekend activities. Businesses need protection. Josh Hovey of the Coalition to Regulate Marijuana like Alcohol said, "e coalition felt it was important for business to have the right to test employees and reject or fire them for failing a drug test." So with businesses already facing an opioid epidemic, we now toss marijuana into the drug-testing mix. is means employers must determine whether to maintain zero-toler- ance drug policies or create more tolerant guidelines. And it's likely the legalization of marijuana is sure to ratchet up the number of lawsuits as employers begin using it as a basis for either not hiring future employees or terminating existing ones. Labor experts recommend employers instead sit down with qualified candidates who fail pre-screening drug tests, even those with a legal medical marijuana card, and dra up a contract saying they will be terminated if they fail any sub- sequent testing. is would cover employers against lawsuits brought forth by the weekend tokers. What will come to light once the haze of smoke dissipates is Massachusetts employers need to be diligent and take a hard reality check on their pre-employment drug testing and drug policies when a workplace injury occurs. Keep em- ployee handbooks up-to-date and written in language that can never be wrongly interpreted, such as letting employees know the lunchtime smoking area doesn't include anything you rolled yourself on the way to work that morning. Christopher Dik is a property & casualty consultant with Knight-Dik Insurance Agency, Inc. in Worcester. He can be reached at cdik@knightdik.com. BY CHRISTOPHER DIK Special to the Worcester Business Journal Christopher Dik The Worcester Business Journal welcomes letters to the editor and commentary submissions. Please send submissions to Brad Kane, editor, at bkane@wbjournal.com. specifically calls for applicants with prior drug arrests and was developed because language in the original 2016 ballot initiative called on marijuana legalization to benefit those impacted by the War on Drugs. Giving opportunities for smaller players and minorities to enter the industry makes sense, even though mixing ex-convicts into heavily regulated industry seems like an odd fit. However, it is helpful to remember recreational marijuana was a billion-dollar industry well prior to its legalization in 2016. Yes, it operated outside the boundaries of the law, but now a mix of evolved social values and new regulations say selling and consuming marijuana is now acceptable. If a potential cannabis entrepreneur's only legal transgression was selling marijuana before 2016, it seems fair for them, if they choose, to continue on in the industry as it turns legit. Currently, Massachusetts is the only legal place to buy pot east of the Mississippi River, and while it maintains that distinction, the state has enor- mous revenue potential and can be a real leader in establishing best practices introducing this nascent industry to its citizens. Promoting diversity in the cannabis industry is a critical move, even though it gives one pause when it means recruiting some to the industry who have a criminal record. But we don't have to look back too far to see the inequity of throwing so many minority pot dealers into jail, compared to the state now reaping millions in tax revenue by de facto putting only the well heeled in charge of sales and distribution. is new effort to spread the cannabis business opportunities in a more equitable and diverse manner is a welcome effort. W Duddie – truly one of a kind W hen David "Duddie" Massad passed away at the age of 90 on Dec. 28, it marked the end of an era for the Greater Worcester business community. A born entrepreneur and marketer, Duddie's business ventures started early, going from operating the Webster Square Cinema to running two car dealerships. en, the purchase and turnaround of a struggling Commerce Bank really showcased his influence, as under his leadership the bank turned from a money-losing operation into a $2.2-billion bank with an expanded footprint into Boston. While his Diamond Chevrolet dealership remains in the family – being run by Duddie's son David – the bank sold for $230 million in 2017 to Berkshire Bank. Hard-charging and personable, Duddie was an always on the go, built a massive real estate portfolio in the city reflecting his outsized influence, and supported a number of worthy causes, including a $13-million donation to UMass Memorial Medical Center in Worcester. Duddie was an agent of change, and his werewithall helped Greater Worcester prosper. W W

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