Oregon’s voter-approved pot labor law is unconstitutional, federal judge rules
May 20, 2025, 5:17 PM
PORTLAND, Ore. (AP) 鈥� A federal judge in Oregon struck down a voter-approved measure regarding cannabis labor agreements Tuesday, ruling that it was unconstitutional.
Measure 119, which was passed by Oregon voters last year, required cannabis businesses to have a labor peace agreement with a labor organization in order to obtain or renew a license. The agreements would have required employers to remain neutral when a labor organization communicated with employees about collective bargaining rights.
U.S. District Judge Michael Simon barred enforcement of the measure, finding that it violated the free speech of cannabis business owners and was preempted by federal labor law, .
The National Labor Relations Act allows employers to express 鈥渁ny views, argument or opinion鈥� that are not threatening or coercive without facing an unfair labor practice claim.
The lawsuit was filed by Ascend, a cannabis retailer in Portland, and Bubble’s Hash, a processor that makes edibles and concentrates also based in Portland.
State lawyers who defended the measure had argued that the measure didn’t curb speech because employers can still express opinions about unions as long as they’re neutral, The Oregonian/OregonLive reported.
Simon disagreed and entered a permanent injunction barring enforcement of the measure.
鈥淢easure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 鈥榥eutral鈥� toward unionization,鈥� he wrote.
During a hearing last month, Simon said he recognized the 鈥渉istorical and valuable role鈥� of unions and that those who work in the cannabis industry can face greater dangers than typical workers, The Oregonian/OregonLive reported. But he said he struggled with the ambiguity of the measure鈥檚 text regarding what it would allow an employer to say or do.
Oregon鈥檚 Department of Justice did not immediately respond to a message seeking comment from The Oregonian/OregonLive. It has not yet said whether the state intends to appeal Simon鈥檚 ruling.
