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Medical Marijuana › Preemption

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 -
Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Venable LLP

Marijuana Users Scoring New Employment Protections

Venable LLP on

​​​​​​​A little more than a decade ago, marijuana use was illegal in every state. Marijuana use is now fully legal in 18 states and the District of Columbia, and an additional 18 states allow use for medical reasons. Going...more

McGlinchey Stafford

Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

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Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more

Troutman Pepper

“Aid” or “Aiding and Abetting?” Medical Marijuana and Federal Preemption in Minnesota

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On October 13, the Supreme Court of Minnesota barred an employee from getting reimbursed for medical marijuana treatment for a work-related injury. Although the employee was entitled to reimbursement from her employer under...more

Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

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Two recent unanimous decisions from the Massachusetts Supreme Judicial Court confirm the supremacy of the state’s marijuana laws over local zoning restrictions. The decisions also indicate a tendency of the Supreme Judicial...more

Holland & Knight LLP

N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

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Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v....more

Saiber LLC

New Jersey Supreme Court Rules that Employees can be Reimbursed for Medical Marijuana Expenses

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The New Jersey Supreme Court recently issued a significant decision in the area of cannabis law. In Hager v MK Construction, the New Jersey Supreme Court affirmed that medical cannabis prescriptions are lawful under workers...more

Farrell Fritz, P.C.

The Biden Presidency: How Will Cannabis Business Be Taxed?

Farrell Fritz, P.C. on

Wither the Weed? It has been one month since Mr. Biden’s inauguration as President of the United States. Among the many questions being asked of President Biden is whether he will seek the decriminalization of cannabis....more

Troutman Pepper

Federal Court Ruling Casts Doubt on Nursing Homes’ Ability to Use PREP Act to Remove State-Law Claims

Troutman Pepper on

Why It Matters - This decision casts doubt on the ability of nursing homes to rely on the PREP Act to shield them from liability against state-law claims or, at the very least, to remove such claims to federal court....more

White and Williams LLP

New Jersey Employers Must Pay for Pot

White and Williams LLP on

In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

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On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Genova Burns LLC

NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana

Genova Burns LLC on

On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases. In Hager v. M&K Construction, the Appellate Division affirmed a...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

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In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more

Proskauer - Law and the Workplace

The Employment Law Landscape in 2020

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2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more

Lathrop GPM

America's Growing Embrace of Cannabis

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The laws and regulations of the U.S. and each individual state are evolving at a significant pace concerning one genus of flowering plants, and mostly with a tender embrace. Despite being criminalized for the greater part...more

Snell & Wilmer

Arizona Slashes Medical Marijuana Card Cost in Half, Requires Testing

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Following the close of one of the longest legislative sessions in recent Arizona history, Governor Doug Ducey had 10 days to act on a bevy of bills – whether to veto, to sign or to let them become law without his signature....more

Littler

New Mexico, New Laws: “Right-to-Work” Preemption, Gender-Neutral Restrooms, Criminal History Checks — and More

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New Mexico’s state legislature has been busy over the past few weeks acting on bills introduced earlier this year. The state has enacted at least nine new laws affecting employers, covering many topics from health care access...more

Littler

Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws

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Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

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In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

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At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

Littler

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

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The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

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

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

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A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more

Lowndes

Not So High on Bankruptcy – Limited Options for Medical Marijuana Companies Facing Insolvency

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It may be hard to believe, but it’s been 22 years since California became the first state to permit the legal use of medical marijuana. In the years since, it has been impossible to ignore the changing tide of public opinion...more

Parker Poe Adams & Bernstein LLP

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

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As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

FordHarrison

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

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A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more

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