Forced Labor and Cannabis-Canna Law Blog™

In recent weeks, I have spoken with several entrepreneurs who are interested in growing cannabis in Africa for export to the United States and other markets. It is not difficult to see how attractive they are to this idea: the area in question has a suitable climate for growing hemp, while inputs such as land and labor are relatively cheap.There is still some way to go before it becomes so easy Import cannabis to the U.S. Although oranges are to be introduced, if we must pay attention to market forces, the import of raw materials is a logical direction to follow.

With the continuous internationalization of the cannabis industry, it is best to pay attention to the problem of cannabis. Compulsory labor. Enforcement activities that prohibit the import of goods made using forced labor have become a major area of ??concern for the U.S. Customs and Border Protection (CBP). The cannabis industry has the opportunity to do things right from the beginning, avoiding the traps encountered by companies in other industries.

As a background, U.S. law prohibits all or part of “goods, commodities, articles and commodities” imported, mined, produced, or manufactured in any foreign country under criminal sanctions under criminal sanctions and/or forced labor or/and indentured labor.19 USC §1307). Conversely, forced labor is defined as “In any work or service, any person is punished for failing to fulfill his obligations, and the worker has not provided all the work or services voluntarily.” This ban has existed for a long time, but it has indeed been at the forefront in recent years. In addition to ethically having to make every effort to avoid becoming complicit in forced labor, American importers must also worry about the possibility of supply chain disruption, fines and even imprisonment.

In order to develop business opportunities overseas, cannabis companies must always put forced labor issues first. Obviously, any suggestion that a supplier is using forced labor must immediately cause red flags. However, the Customs and Border Protection (CBP) has higher requirements for importers, because those who find themselves targeted by the Customs and Border Protection (CBP)”Key assessment“(Audit) is learning.

The necessary work starts at home, and companies formulate appropriate internal policies regarding forced labor. The relevant personnel must receive training on the subject. Supplier review must be included in the forced labor risk assessment. The contract with the supplier must clearly prohibit the use of forced labor and ensure contact with internal or third-party auditors.

Although no industry should think that its supply chain will be at risk of forced labor pollution, some recent cases of forced labor indicate that agricultural production is particularly worrying. As early as December 2020, Supreme Court Hearing the arguments of six Malians filed a lawsuit against Nestlé and Cargill in the United States, “They claimed that they were kidnapped and sold as children to cocoa plantations along the coast of Côte d’Ivoire.” A few months ago, the US Customs and Border Protection issued a statement. Forced labor Find Oppose the stevia producers in Inner Mongolia, China.However, cannabis companies need to pay attention All They import products, not just cannabis itself. This includes items such as clothing and smoker accessories.

For any company, a CBP audit is not a pleasant experience, but preparation for success is essential. In addition, there is no reason to expect that CBP will reduce the leisure time of cannabis companies. As they say, it is forewarned.

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