Medical Marijuana, Corporate Counsel

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

Parker Poe Adams & Bernstein LLP on 7/26/2024

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

4 Major Implications of Cannabis Moving to Schedule III

Vicente LLP on 5/1/2024

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

Ohio Passes Recreational Marijuana Law: What Employers Should Know

Jackson Lewis P.C. on 11/8/2023

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

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

Lerch, Early & Brewer on 6/29/2023

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

Pennsylvania Court Holds Employer Must Reimburse Out-of-Pocket Costs For Medical Marijuana

Jackson Lewis P.C. on 4/12/2023

A Pennsylvania Court held that an employer violated the state Workers’ Compensation Act (WCA) by refusing to reimburse an employee for out-of-pocket medical marijuana expenses related to a workplace injury....more

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

Littler on 1/5/2023

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

Top 10 Workplace Law Updates from November 2022

Fisher Phillips on 12/6/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

District of Columbia Provides Employment Protections to Cannabis Users

Seyfarth Shaw LLP on 8/22/2022

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

The Top 17 Workplace Law Stories from February 2022

Fisher Phillips on 3/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Mississippi Approves Medical Marijuana: What a Long, Strange Trip It’s Been

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/10/2022

Rarely are we able to combine the Grateful Dead and Mississippi in the same sentence, but the band once said, what a long strange trip it’s been. In November 2020, Mississippi voters overwhelmingly approved Initiative...more

Cannabis Legislation Wrap Up for 2021

Brownstein Hyatt Farber Schreck on 1/21/2022

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

Pennsylvania Employers Beware: Violations of the Medical Marijuana Act May Result in Private Civil Lawsuits

Chartwell Law on 9/17/2021

In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more

Marijuana Legalization Rundown: Recent Judicial Decisions

Epstein Becker & Green on 9/15/2021

As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year. Along with those laws has come a number of recent court decisions...more

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on 8/20/2021

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys.,...more

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

Jackson Lewis P.C. on 8/16/2021

The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

Alabama Enacts Medical Marijuana Law

Jackson Lewis P.C. on 5/26/2021

Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more

Alabama on Track to Become 37th Medical Marijuana State

Foley Hoag LLP - Cannabis and the Law on 5/13/2021

With barely half of 2021 gone by, the wave of cannabis legalization continues with Alabama poised to become the 37th state with a lawful medical marijuana program. In particular, on May 6, 2021, the State Legislature voted to...more

Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization

Locke Lord LLP on 5/12/2021

As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on 5/6/2021

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

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