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The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more
On May 21, 2024, the Drug Enforcement Agency (DEA) issued a notice of proposed rulemaking indicating that the U.S Food and Drug Administration (FDA) intends to transfer marijuana from Schedule I to Schedule III of the...more
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
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or...more
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more
Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more
College athletes around the country may soon be in for an unexpected change in drug testing requirements. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) recently showed support for removing...more
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
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
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
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
Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage...more
In a recent blog post, Amazon CEO Dave Clark expressed his public support for the federal Marijuana Opportunity Reinvestment and Expungement Act of 2021 (MORE Act). The company also announced that it will stop screening or...more
With the ever-increasing acceptance of marijuana as a legitimate treatment for a number of medical conditions, a newfound interest in the use of psychedelics as a form of medical treatment is gaining traction once again. ...more
The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more
In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more
Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more
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
Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more
The state-sanctioned use of marijuana continues to progress, with 33 states authorizing it for medical purposes and 11 states extending those protections to recreational use. Despite this widespread adoption by the states,...more
The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more
Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more
Under Pennsylvania’s Medical Marijuana Act (“MMA”), 35 Pa. C.S.A. §10231.101, et seq., individuals with certain serious medical conditions can apply for a medical marijuana card from the Pennsylvania Department of Health....more
Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more