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Marijuana Corporate Counsel

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Parker Poe Adams & Bernstein LLP

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more

Falcon Rappaport & Berkman LLP

Cannabis Rescheduling – A Look Towards the Future of the Industry

The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more

Vicente LLP

4 Major Implications of Cannabis Moving to Schedule III

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After 50 years of being on the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana in Schedule III, where the plant’s medical benefits will finally be recognized by the...more

Jackson Lewis P.C.

Ohio Passes Recreational Marijuana Law: What Employers Should Know

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Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of...more

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

California Expands Marijuana Employment Antidiscrimination Law

On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

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DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Seyfarth Shaw LLP

Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington

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On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

Jackson Lewis P.C.

Washington State to Bar Employers From Relying on Off-Duty Use of Marijuana in Hiring Decisions

Jackson Lewis P.C. on

The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites...more

Seyfarth Shaw LLP

What CannI Say? Litigating Cannabis Patents In District Court

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Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. With the increased funding pouring...more

Cooley LLP

Illegality Doctrine Rejected in Legal Cannabis Patent Case, Confirming Patent Enforceability

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As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court cases in recent years have addressed whether these businesses can utilize the federal courts to vindicate their...more

McGlinchey Stafford

Employers: Clock is Ticking to Update Marijuana Policies

McGlinchey Stafford on

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

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Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

ArentFox Schiff

California Employers: Be Ready for 2023’s New Laws and Requirements

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The new year brings several new laws and requirements for California employers. Among changes in 2023, California employers face a higher state minimum wage, increased minimum pay requirements for employees, new protected...more

Jackson Lewis P.C.

Wrap Up of California’s 2022 Legislative Session – What Employers Need to Know

Jackson Lewis P.C. on

California’s 2022 legislative session ended with numerous bills affecting employers and employment practices and procedures in the Golden State. Governor Gavin Newsom signed more than 30 of those bills into law, including...more

Manatt, Phelps & Phillips, LLP

Nevada Supreme Court Sides With Employer in Marijuana Dispute

Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test....more

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

California Passes Bill Protecting Employees’ Off-Duty Marijuana Use

​​​​​​​California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more

Troutman Pepper

Cannabis Residency Rules Toppling? First Circuit Is the First Domino to Fall

Troutman Pepper on

Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over...more

Seyfarth Shaw LLP

District of Columbia Provides Employment Protections to Cannabis Users

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The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more

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

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

​​​​​​​In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...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

Locke Lord LLP

Legalized Marijuana in Rhode Island ‎Presents New Challenges ‎for Employers

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On Tuesday, May 24, the Rhode Island General Assembly passed legislation legalizing the ‎recreational use of marijuana. The bill will become law upon the signature of Governor Dan McKee, ‎which is expected. Recreational...more

Fisher Phillips

The California Legislature Is Back in Town – Employers Should Monitor These 10 Bills

Fisher Phillips on

The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more

Brownstein Hyatt Farber Schreck

Cannabis Legislation Wrap Up for 2021

Over the past 12 months, dozens of cannabis and cannabis-related bills were introduced to Congress. Some measures were renewed, others were introduced for the first time; however, each legislation dealt with a niche aspect of...more

Seyfarth Shaw LLP

Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

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Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more

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