Marijuana

News & Analysis as of

Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers?

On Nov. 4, 2014, Oregon voted to decriminalize, regulate, and tax the production, delivery, and possession of marijuana. Oregon joins Alaska, Colorado, Washington, and Washington, D.C. in legalizing recreational marijuana...more

Oregon Legalizes Recreational Marijuana Use

On November 4, 2014, Oregon voters approved a ballot measure to legalize recreational marijuana use. The new Oregon law, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, allows people 21...more

What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much

In this week’s mid-term election on November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of...more

D.C. Voters Approve Recreational Marijuana Ballot Initiative

On November 4, 2014, voters approved a law legalizing recreational marijuana use in the District of Columbia. D.C. joins Alaska, Oregon, Colorado, and Washington in approving marijuana for recreational use....more

Don't Fear The Reefer, Oregon Employers: Legalization of Recreational Marijuana Will Not Impact Company Policies

On November 4, 2014, Oregon joined Colorado and Washington when voters approved a state initiative legalizing the recreational use of marijuana (Alaska passed a similar law the same day). As of July 1, 2015, it will no longer...more

Florida's Amendment 2 Did Not Pass – What's Next?

Is any form of medical marijuana legal in the State of Florida? Yes – In June 2014, Governor Scott signed into law The Compassionate Medical Cannabis Act, known as the Charlotte's Web law. Unlike Amendment 2, the...more

Alaska Passes Initiative to Legalize Recreational Use of Marijuana—What Does that Mean for Employers?

Alaska voted on Nov. 4, 2014, to decriminalize possession, use, display, purchase, and transport of marijuana. Alaska has now joined Colorado, Washington, Oregon, and Washington, D.C. in legalizing recreational marijuana use....more

Medical Marijuana: What Happens in Bankruptcy (Not Much)

In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014) – The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert to a chapter 13...more

Controlling Controlled Substances: How a Pot Brownie Got Into the Hands of a Child

In a recent Fresno Bee article entitled “Fresno seventh grader busted in sales of pot brownies at school,” we see another unintended consequence of the availability of marijuana. Despite initial permitted possession of...more

Can State Medical Marijuana Laws Trump Employer Rights?

Currently, 23 states and the District of Columbia have medical marijuana laws which allow a lawful level of marijuana use. One question which comes up often in such states is whether an employer can lawfully terminate an...more

Marijuana Card Saves Unemployment Benefits, Not Job

In the rapidly evolving interplay between federal and state employment laws, state medical marijuana laws, and employer policies seeking to maintain drug-free workplaces, an appellate court in Michigan has just concluded that...more

Don’t Bogart That Medical Marijuana, My Caregiver.

On October 21, 2014, the Court of Appeals concluded that Arizona’s Medical Marijuana Act (AMMA) does not give an authorized medical marijuana user immunity from prosecution when he drives under the influence. A.R.S. §...more

Proponents of Florida's Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?

If voters approve the ballot initiative "Use of Marijuana for Certain Medical Conditions" ("Amendment 2") this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana. Amendment 2 would...more

Up in Smoke: The Effect of Legalized Marijuana on Employer Policies

So far, 23 states have legalized medical marijuana and in two states, Colorado and Washington, it is legal to possess small amounts of marijuana for recreational use. Let’s take a look at Washington’s recreational-use law and...more

Colorado Supreme Court Hears Arguments In Medical Marijuana/Discharge Case

Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms....more

Is THC “Lawful” in Colorado?

The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394. The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law. The Lawful Activities...more

Drone on Drones: The (Dated) Law of the Skies

In the 1980s, the Supreme Court issued two decisions that remain the prevailing authority on law enforcement’s practice of warrantless, aerial surveillance. In California v. Ciraolo, the Court held that a police officer...more

Mounting Legal Challenges to Medical Marijuana Regulations

Last week the Department of Health received legal challenges from nurseries Costa Farms and Plants of Ruskin Inc., and the Florida Medical Cannabis Association, to its proposed rule for selecting the nurseries that will...more

Mile-High Marijuana for Arizonans #CriminalDefenseAttorney

As a criminal defense attorney in Arizona, I was paying particularly close attention on January 1, 2014, when Colorado became the first state in the Union to permit the legal use of recreational marijuana. In amending their...more

Medical Cannabis Implications for Employers in Minnesota

On May 29, 2014, Minnesota signed into law Minnesota’s medical cannabis bill (SF No. 2470), which passed the House 89-to-40 and the Senate 46-to-16. The law establishes a registry program for Minnesota residents to legally...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Marijuana Use For Alleged Depression and Anxiety Can Still Get You Fired In Florida

There can be no doubt that Americans' views on the legality of marijuana use for both medicinal and recreational purposes has shifted over the past few years. A recent survey conducted by Fextel, Inc. and StPetePolls.org...more

Attorney Barry P. Goldberg Discusses Pot Cookies Case

An unfortunate and unique incident occurred when Jo Ann Nickerson, a 72 year-old customer at Blush Salon who had just gotten her nails done, suffered a serious reaction/injury as a result of eating and ingesting THC that was...more

Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law...more

A Moment of Simple Justice: Legal Weed  [Video]

August 11, 2014 (Mimesis Law) -- The New York Times calls for the full legalization of marijuana and Scott looks back on what the criminalization of the substance has done to American society....more

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