News & Analysis as of September 24, 2024

New Legislation

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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 -

Senate Proposal Would Weed Out Prior Marijuana Use for Federal Job Applicants

Bradley Arant Boult Cummings LLP on 9/24/2024

The DOOBIE Act – yes, you read that correctly – could soon become law. While the law isn’t as fun as it might sound to certain cannabis enthusiasts, it would substantially change the hiring practices of the federal government...more

Defending Psychedelics: Congress Includes Psychedelic Provisions in Defense Authorization Act

Bradley Arant Boult Cummings LLP on 1/4/2024

We told you it may be coming, though we were admittedly cynical about the ability to pass a bill funding psychedelic research given the current political landscape — a narrowly controlled Democratic Senate that is generally...more

Ohio Legalizes Adult-Use Marijuana

McGlinchey Stafford on 11/7/2023

On November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates...more

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on 5/19/2023

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

With Adult Use in Delaware and Medical Cannabis Legalization in Kentucky, the Next Licensing Sweepstakes Begin

Foley Hoag LLP - Cannabis and the Law on 5/1/2023

On April 28, 2023, Texas and Florida both accepted the expected dozens of applications for a limited number of medical cannabis licenses in those respective states. In the background, Kentucky recently legalized medical...more

Medical Marijuana Will Soon be Legal in Kentucky

Dinsmore & Shohl LLP on 4/18/2023

On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 making medical marijuana use and sale legal in Kentucky, effective January 1, 2025. Kentucky now joins at least 37 other states that have legalized medical...more

Cannabis Ballot Measures Post-Election Follow-Up

Brownstein Hyatt Farber Schreck on 11/11/2022

As discussed in our recent cannabis coverage, going into this week’s midterm election, five states had ballot measures giving their constituents an opportunity to weigh in on cannabis legalization. As the votes are tallied,...more

A Changing of the Guard? A Recap of President Biden’s Pardon & Plans for Cannabis Policy Overhaul

Burns & Levinson LLP on 10/10/2022

President Biden Acknowledges a “Failed Approach” to Marijuana Policy, Outlines Significant Plans to Pardon Thousands, and Evaluate How Marijuana Is Scheduled Under Federal Law....more

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

Parker Poe Adams & Bernstein LLP on 9/23/2022

Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

Accessing the Medical Cannabis Markets in DC and Virginia Just Got a Little Easier

Foley Hoag LLP - Cannabis and the Law on 7/12/2022

Medical Cannabis in the DMV Continuing this year’s trend of increased access to legal cannabis in the Maryland, DC and Virginia area that started with Maryland adding legalization to the ballot in November, DC and Virginia...more

Marijuana Is Now Legal In Rhode Island!!!

Partridge Snow & Hahn LLP on 5/27/2022

With a stroke of his pen on Wednesday, Governor McKee signed the bill that dramatically changes the landscape for marijuana cultivation, possession, sale and use in Rhode Island. Many of the changes are effective immediately....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

New York Department of Labor Issues Guidance on Cannabis and the Workplace

Proskauer - Law and the Workplace on 10/27/2021

The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year...more

Recreational Cannabis is Legal in Connecticut: What to Know About Getting into the Business

Pullman & Comley, LLC on 7/9/2021

On July 1, 2021 Connecticut became the nineteenth state to legalize the possession and use of cannabis for recreational purposes. Upon conversion of the existing licenses held by medical marijuana growers within the next few...more

The Trend of Legalization: Recent Developments in Marijuana Legalization in New York, New Jersey, and Pennsylvania

Obermayer Rebmann Maxwell & Hippel LLP on 5/27/2021

In March 2021, New York enacted Senate Bill S854A, making it the 16th state to legalize marijuana for recreational use. The law addresses aspects of marijuana use and possession including (i) permitting individuals 21 and...more

Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2021

On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Akerman LLP - HR Defense on 5/5/2021

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more

New York State Addresses a Chronic Issue: Employees Granted Protections for Off-Duty Cannabis Use

Kramer Levin Naftalis & Frankel LLP on 4/29/2021

On March 31, 2021, Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA), legalizing the recreational use of cannabis in New York State for individuals age 21 or older. ...more

New York’s Marijuana Regulation and Taxation Act: Employer Considerations

Morgan Lewis on 4/20/2021

New York’s Marijuana Regulation and Taxation Act legalized recreational cannabis in New York State on March 31, 2021. While it will take some time to organize and implement many aspects of the law ...more

Virginia General Assembly Approves Legalization of Marijuana

Cozen O'Connor on 4/13/2021

Simple possession of marijuana, up to one ounce, by adults 21 and older, will now be legal in Virginia beginning July 1, 2021. On April 7, the Democratic controlled Virginia General Assembly approved Governor Ralph Northam’s...more

Legalization of Cannabis in New York: Employers Should Review and Revise Their Workplace Policies

Saiber LLC on 4/9/2021

On March 31, 2021, New York Governor Andrew Cuomo signed the “Marijuana Regulation and Taxation Act.” The Act legalizes adult-use cannabis, expands the use of medical cannabis, and establishes the Office of Cannabis...more

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

Saiber LLC on 3/15/2021

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey. The legalization of cannabis, more commonly referred to...more

New Jersey Legalized Recreational Cannabis – What do Pennsylvania Employers Need to Know?

McNees Wallace & Nurick LLC on 3/1/2021

On February 22, 2021, New Jersey Governor Phil Murphy signed three bills that legalize the use of cannabis for those over the age of 21, decriminalize possession of less than six ounces of cannabis and establish civil...more

Overcoming Months-Long Legislative Deadlock, New Jersey Governor Signs Bills Legalizing Cannabis

Goodwin on 2/24/2021

On February 22, 2021, New Jersey Governor Phil Murphy signed three separate bills (A21, A1897 and A5342) legalizing adult-use cannabis and creating a regulated adult-use cannabis market in New Jersey. The governor signed the...more

Drug Testing Legislation in 2020: A Look Back

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/28/2020

We would all be excused for wanting 2020 to disappear in a fog of medical marijuana. Here is a recap: As we predicted in 2019, most of this year’s action concerned medical and recreational marijuana. Not to be missed,...more

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