Medical Marijuana

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
News & Analysis as of

HUD Multifamily provides guidance on marijuana use in assisted housing

On December 29, 2014, Benjamin Metcalf, HUD Deputy Assistant Secretary for Multifamily Assisted Properties, issued a memo to HUD Multifamily directors and contract administrators clarifying the impact of medical marijuana use...more

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

2015 Trends: #2 Dealing with Conflicting Legal Requirements: Guns, Drugs and Marriage in the U.S.A.

We asked industry experts, colleagues and compliance officers what they believe will be the top issues impacting workplace ethics and corporate compliance programs in 2015. We gathered their best thinking and prepared our...more

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

Illinois Employment Law Update

As 2014 comes to a close, we would like to take this opportunity to remind our clients with Illinois operations about the recent legislative changes with which Illinois employers must be familiar. A number of the laws are...more

Medical Marijuana Roundtable: Top Ten Takeaways

Minnesota recently became the latest state to permit the limited use of medical marijuana for treating certain health conditions. In early October, the Department of Health issued proposed regulations to implement the new...more

Highly-Protected Secrets: Competitors Try to Keep Legal Secrets in the Quasi-Legal Marijuana Industry

How do you use the law to keep something unlawful a secret? This and related questions arise as more states legalize marijuana for medical use, recreational use, or both. As an illicit industry emerges from the shadows,...more

Employee Who Admits To Smoking Marijuana Off-Duty and for Non-Medicinal Purposes Eligible to Receive Unemployment Benefits

If an employee admits to smoking marijuana and is subsequently discharged based on that admission, you would think that if the employee later files for unemployment insurance benefits he would be deemed ineligible…, right?...more

Zero Tolerance for Marijuana Use by Employees: A Prescription for Litigation?

The dramatic inconsistency between federal and state law with regard to the use of marijuana may mean that employers with zero tolerance policies for marijuana use will face an increasing likelihood of litigation over the...more

Licensed Producers and Quality Assurance Under the MMPR: Filling the QAP Gap

A successful application under the Marihuana for Medical Purposes Regulations (MMPR) requires, amongst other things, the selection of an appropriately qualified Quality Assurance Person (QAP). In addition to finding a...more

Discharge for Medical Pot Use Does Not Prevent Receipt of Unemployment Benefits

The prevalence of medical marijuana cards in the worker population in the auto industry has increased significantly since Michigan first passed the Michigan Medical Marihuana Act (MMMA) in 2008. While a medical marijuana card...more

The cannabis industry: how big will it get?

On November 17, the PBS affiliate in Chicago, WTTW, reported the Better Government Association had issued an investigative report on the medical marijuana application process in Illinois. While the “Chicago Tonight” program...more

Medical Marijuana And The Workplace — Another Lawsuit Filed

The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan,...more

Michigan Court of Appeals Says Fired Medical Marijuana Users Can Collect Unemployment Benefits

On October 23, 2014, the Michigan Court of Appeals ruled that employees discharged for having failed a drug test because of their medical marijuana use are not disqualified from receiving unemployment benefits....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

Florida’s Medical Marijuana Amendment Defeated, but Zoning Issues Loom for Charlotte’s Web Law

In our previous post about the legal challenges that have been raised in the wake of the State of Florida’s establishment of selection rules for the issuance of licenses for growing and selling medical marijuana pursuant to...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

Court OKs Unemployment Benefits for Some Michigan Medical Marijuana Users

An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals...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 Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....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

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