News & Analysis as of

Controlled Substances Act Marijuana Employer Liability Issues

Seyfarth Shaw LLP

DOJ Publishes Proposed Rule to Reschedule Cannabis

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

McGlinchey Stafford

Employers Subject to Workplace Safety Laws Despite Marijuana’s Illegal Status

McGlinchey Stafford on

Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Bradley Arant Boult Cummings LLP

MORE Than Meets the Eye? How Federal Marijuana Legalization Legislation Could Affect Employers

Roughly a month ago, the U.S. House of Representative voted to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which decriminalizes marijuana under federal law. Most notably, the MORE Act would remove...more

Locke Lord LLP

Marijuana Criminalization No MORE?

Locke Lord LLP on

In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift...more

Troutman Pepper

“Aid” or “Aiding and Abetting?” Medical Marijuana and Federal Preemption in Minnesota

Troutman Pepper on

On October 13, the Supreme Court of Minnesota barred an employee from getting reimbursed for medical marijuana treatment for a work-related injury. Although the employee was entitled to reimbursement from her employer under...more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

Husch Blackwell LLP

Guidelines For Employers As More States Legalize Marijuana

Husch Blackwell LLP on

As we reported in our recent commentary, voters in five states in the 2020 general election passed initiatives to legalize marijuana usage. As the success of these ballot initiatives suggest, despite marijuana’s...more

Verrill

Workers' Comp 2020: Tips and Trends to Manage Workplace Safety

Verrill on

On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that...more

White and Williams LLP

New Jersey Employers Must Pay for Pot

White and Williams LLP on

In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’...more

McAfee & Taft

Tenth Circuit holds FLSA applies to marijuana industry employees

McAfee & Taft on

Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more

Fisher Phillips

Cannabis Employers Can’t Escape Wage Claims, Says Court

Fisher Phillips on

• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

McManis Faulkner

2019 Cannabis & Co: Addressing Cannabis in the Workplace (Part 2) - Proposition 64

McManis Faulkner on

Cannabis & Co: Addressing Cannabis in the Workplace (Part 2): - What is the evolution of marijuana and California Employment Law? - Review of Controlled Substances Act, California Compassionate Use Act, and Proposition 64. -...more

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

What Is CBD Oil and Why Should Employers Care to Know?

Cannabidiol (CBD) is a nonintoxicating compound found in both marijuana and hemp that can be extracted and combined with oil for ingestion or inhalation through the use of a vaporizer. In recent months, retailers in many...more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

K&L Gates LLP on

In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

Foley & Lardner LLP

Michigan Brings Legalized Recreational Marijuana to the Midwest

Foley & Lardner LLP on

Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Cozen O'Connor

The Conflict Between Federal and State Marijuana Laws Remains Hazy

Cozen O'Connor on

Last month Michigan became the 10th state to approve the legal, recreational use of marijuana. With the addition of Michigan, nearly 80 million Americans (approximately 25% of the US population) live in areas with...more

Foley & Lardner LLP

Refusing to Hire Medical Marijuana User Puts Employer in Jeopardy

Foley & Lardner LLP on

The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Fox Rothschild LLP

Employment Compliance In The Age Of Legalized Marijuana

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Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

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