Sen. Cory Booker (D-NJ) is criticizing a Drug Enforcement Administration (DEA) policy that could force medical cannabis businesses to fire employees with past felony drug convictions in order to register for federal protections under the Trump administration’s rescheduling of state-licensed medical marijuana to Schedule III. The issue came to light when Nicole Huff, CEO of Wildflower Medical Dispensary in Mississippi, shared DEA correspondence telling her that because two of her workers have felony records, she must fire them, withdraw her application, give up expedited processing to seek an employment waiver, or face an Order to Show Cause before an administrative law judge.
Booker, who has long pushed for federal legalization with expungement provisions, called the policy “really problematic” and “ridiculous,” arguing that clearing records for nonviolent offenses that are now legal is “just smart policy.” Huff says DEA has since suggested moving the affected employees to non-plant-touching roles while waivers are pending, but she notes that this isn’t financially practical for many small operators and that no timeline has been given for the waiver process. She plans to request waivers and ask a DEA judge to consider a grandfather provision for long-term employees with nonviolent convictions and clean work records. She is also urging state and federal officials to push for clearer guidance and reasonable waiver timelines.
