News & Analysis as of

Marijuana

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Will Employers Be Forced To Accommodate Employees Who Test Positive For Marijuana?

by Jackson Lewis P.C. on

On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

by Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Cannabis at work: An update for employers

by Thompson Coburn LLP on

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do...more

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

by 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

Medical Marijuana: When A Positive Drug Test may Not Be Grounds To Fire An Employee

by Fox Rothschild LLP on

In a portentous opinion, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer. Because many states’...more

Massachusetts High Court Allows Disability Discrimination Claims Of Medical Marijuana User To Proceed

by Fox Rothschild LLP on

In a decision awaited by many in the industry, the Massachusetts Supreme Judicial Court ruled that a licensed medical marijuana user who was fired after testing positive for marijuana can proceed with claims under the state’s...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Gaming & Hospitality Legal News: Volume 10, Number 5

by Dickinson Wright on

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here,...more

Florida Municipalities Debate Dispensaries

by Fox Rothschild LLP on

As a follow up to my post on the City of Boynton Beach having its regulations overturned by Florida state law, other Florida municipalities are debating medical marijuana dispensaries....more

Cannabis Legalization: Ontario Seeks Public Input to Develop Provincial Laws

Ontario’s path towards cannabis regulation took another step forward on July 12, 2017, as the Ontario provincial government released a consultation paper seeking input on how the province should approach cannabis...more

The Marijuana Industry and the Securities Laws

by Ballard Spahr LLP on

Part Three of a Three-Part Series - In the third and final part of this series on marijuana-related businesses (“MRBs”), we explore how the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”)...more

Continued and Unexpected Roadblocks to Serving MRBs: Fourth Corner Credit Union v. Federal Reserve Bank

by Ballard Spahr LLP on

Part Two of a Three-Part Series - In the second part of this series, we explore the practical effects of the FinCEN and DOJ guidance documents on industries attempting to serve marijuana related business (“MRBs”). On June...more

The State Of Florida Vetoed The City Of Boynton Beach’s Local Regulations

by Fox Rothschild LLP on

The City of Boynton Beach, Florida wanted to be ready for the implementation of Amendment 2 (medical marijuana) so they set up their own limits on dispensaries that included the following: One dispensary per 67,000...more

Banking and the Marijuana Industry

by Ballard Spahr LLP on

Part One of a Three-Part Series - We begin this week with a three-part series on banking and the marijuana industry. States continue to pass medical and recreational use marijuana legislation despite that the fact that the...more

Not NORML: Blunt Speech in Gerlich v. Leath

A recent decision by the United States Court of Appeals for the Eighth Circuit serves as a cautionary reminder that once an educational institution creates a limited public forum for speech, it cannot then pick and choose...more

Shocking Trademarks May Now Be Viable, But Medical Marijuana Marks Remain an Impossible Dream

by Baker Donelson on

The U.S. Supreme Court recently struck down as unconstitutional the ban on disparaging trademark registrations, but that doesn’t mean a dispensary can get a federal trademark registration. The Supreme Court’s June 19...more

Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations in Washington State

The Washington Clean Air Act governs air emissions and that includes the production and processing of marijuana. Whether the regulatory body is the Washington Department of Ecology or one of seven regional clean air agencies...more

Litigation Over Smoking In Florida

by Fox Rothschild LLP on

As noted in my prior post, when the Florida Legislature finally passed laws to implement Amendment 2 (medical marijuana) it did not include smoking as a permissible use for medical marijuana....more

Banking for Marijuana Businesses on the Rise

by Garvey Schubert Barer on

The Financial Crimes Enforcement Network (“FinCen”) issued a Marijuana Related Business update in June with data from the first quarter of 2017. FinCen reports that the number of depository institutions that are actively...more

For Medical-Marijuana Dispensaries, Obtaining Insurance Requires Careful Consideration

by Reed Smith on

Last week, Pennsylvania’s Department of Health (the “Department”) awarded 27 dispensary permits to applicants intending to sell medical marijuana in the commonwealth. As with other businesses planning to participate in...more

Marijuana Accounting and Legal Compliance

by Moskowitz LLP on

Since marijuana is still illegal at the federal level and subject to continually evolving regulations at the state level, cannabis producers, distributors, and retailers need to develop compliance programs and procedures as...more

New York Department of Health Regulations Boost Struggling Medical Marijuana Industry

by Wilson Elser on

The New York cannabis industry has long been considered one of the country’s most restrictive, and the numbers have shown anemic growth in certified patients and registered practitioners since medical marijuana became legal...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

by FordHarrison on

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

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