News & Analysis as of

Americans with Disabilities Act (ADA) Disability Medical Marijuana

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

McManis Faulkner

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on

Proposition 64 changed marijuana laws.  What many do not realize is that it did not change employment laws.  Employers recognize societal norms are changing with the passing of Prop 64.  A new era has commenced and the Family...more

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Sherman & Howard L.L.C.

It’s Reasonable to Employ Marijuana Users

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

Sherman & Howard L.L.C.

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Epstein Becker & Green

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

Proskauer Rose LLP

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

Proskauer Rose LLP on

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

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