The work is hard. The workers are young, mobile and diverse. Recent ICE raids have made these jobs especially dangerous for undocumented workers. Altogether, the picture is of a workforce that may not know about or may be reluctant to enforce their rights under the California Labor Code.
Who are California cannabis workers?
“High Stakes” reports that in 2024, there were 78,618 shift workers in the legal California cannabis industry. To keep that in perspective, however, the legal market may account for less than a third of the total California cannabis workers. This makes the overall total to be at least 235,854, leaving more than 150,000 Californians out in the cold. The data could be incomplete.
Either way, this is bad. This is the central problem with enforcing California labor laws to protect cannabis workers.
Even within the legal fraction of the total market, the statistics tell a story that is disheartening in some ways, good in others.
- Cannabis workers are young, with at least 21 percent between 18 and 24 and another 68 percent under 40;
- 65 percent of those surveyed worked in retail storefronts, 19 percent in retail delivery, and 16 percent in cultivation;
- 49 percent are women and 23 percent identify as LGBTQ+;
- 8 percent have been incarcerated;
- the median wage for cannabis workers was $19.50 per hour, with cultivation and delivery employees making slightly more;
- almost half must rely on SNAP/food stamps: for many workers, their cannabis employment is a second or third job;
- approximately 20 percent of workers surveyed were members of a union, a rate much higher than overall unionization in California and in retail or agriculture overall; and
- at least 63 percent of workers report wage theft, including interrupted meal breaks, being paid late, and being asked to work before or after clocking out.
Wage theft
Twenty-nine percent of cannabis workers have been paid late by an employer, 14 percent receive no pay record at all, and 13 percent reported being asked to do unpaid work during an internship, training, or trial period at their job. Workers shared how they were paid late, or that paychecks would bounce. As one worker said, “The worst part is the fact that they paid me late twice, and it’s super part-time, like non-livable wages in LA.”
All California workers, regardless of immigration status, or the licensed or unlicensed nature of their employer have rights under California law. It would be naïve, however, to ignore the enforcement issues for undocumented workers and unlicensed businesses – more on that later.
Among these workers’ rights are:
- the right to be paid at least the minimum wage ($17.87 as of July 1, 2025, in the city of Los Angeles);
- the right to overtime at 1.5 times your wage for hours beyond 40 in a week or 8 in a day. Most cannabis workers are not classified as agricultural workers under Wage Order 14, which is more restrictive of overtime;
- with few exceptions, all wages earned are due and payable at a minimum of twice during each calendar month on your regular payday;
- the right to a paid ten-minute rest period for every 4 hours worked;
- the right to an unpaid, but uninterrupted, meal period for every 5 hours worked;
- the right to a pay stub or wage statement every time you are paid your wages; and
- the right to be paid all wages by your employer the same day you are terminated or within 72 hours of a voluntary quit.
Tip of the iceberg
But what about the 150,000 (at least) cannabis employees who work in the shadows? Because cannabis is still classed as a Schedule I drug under federal law, there is no way for a migrant worker to get a work visa to participate in the legal, licensed side of the business.
READ MORE CALIFORNIA LABOR LAW LEGAL NEWS
Green card holders risk losing their lawful permanent resident status and deportation. Some manage anyway, of course, just as undocumented workers work in construction or health care in California, but the danger is real. This will likely take federal legislative action.
Many young American citizens, otherwise clear to work in a legal licensed business, have also lost faith in American legal process and institutions. This may be a problem of persuasion, and amid the doom and gloom, it is notable that the unionization rates in the legal cannabis sector are high. The legal process of labor law enforcement may yet have a chance for these folks. We shall see what happens.
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