News & Analysis as of

Marijuana Medical Marijuana

Refusal To Hire Medical Pot Users Just Got Riskier–At Least In Rhode Island

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users....more

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

by Snell & Wilmer on

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more

Massachusetts Supreme Court Finds Medical Marijuana Users Protected from Adverse Employment Action

Beginning when the first states legalized use of marijuana for medical or recreational purposes, employers began speculating whether legislatures and courts in those states would continue to permit employers to exclude...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

by Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Medical Marijuana 101: The State of the Law in NY

by Farrell Fritz, P.C. on

This blog post will be the first in a series of articles discussing the current state of the law in New York regarding medical marijuana. There’s no denying that one of the hottest topics in health care law these days is...more

Massachusetts Employers May Have To Accommodate Use Of Medical Marijuana, Court Says

The Massachusetts Supreme Judicial Court ruled this week that an employee’s use of medical marijuana to treat her disability may have to be reasonably accommodated under the state’s handicap discrimination law. In Barbuto...more

Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate...

by BakerHostetler on

On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to...more

When Assessing Insurance Needs, Medical-Marijuana Dispensaries Must Consider Pennsylvania Regulations

by Reed Smith on

Pennsylvania’s burgeoning medical-marijuana industry is and will be carefully regulated. When purchasing insurance, medical-marijuana dispensaries should pay careful attention to the Commonwealth’s regulations, in particular...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

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

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 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

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

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

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

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