In part 3 of our cannabis law series “Saul Sessions," Saul Ewing partners Ruth Rauls and Erik Pramschufer discuss emerging industry developments and common issues that cannabis businesses face today. This session covers labor...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some...more
New York State and the City of Philadelphia are the latest to take action on drug testing for cannabis use. As more states and municipalities enact legislation and ordinances regarding recreational cannabis use and expand...more
On March 31, 2021, Governor Cuomo signed into law the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which provides a framework for the state-sanctioned sale and use of cannabis for adult-use purposes (commonly...more
On Monday, April 12, 2021, New Jersey’s newly formed and seated Cannabis Regulatory Commission (“CRC” or “the Commission”) — the body that will oversee New Jersey’s medical and adult-use cannabis programs — held its first...more
Although it took much longer than expected following New Jersey’s November 2020 vote to legalize adult-use marijuana, Governor Phil Murphy finally yesterday signed several cannabis reform bills into law, including Assembly...more
Over the past month, Pennsylvania courts have issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under...more
The clear winner after the November 3 election was marijuana. In four states – New Jersey, Arizona, South Dakota and Montana – voters approved initiatives to legalize recreational marijuana. South Dakota and Mississippi also...more
On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for...more
The Lackawanna Court of Common Pleas in Pennsylvania held, in a matter of first impression, that language in the state’s Medical Marijuana Act ("MMA") creates a private right of action for an employee that is terminated for...more
On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the...more
A combination of New Jersey court decisions and legislative actions have expanded and clarified New Jersey employer obligations for employees who are registered qualifying cannabis patients. ...more
On July 1, 2019, the New Jersey Department of Health (NJDOH) issued a new Notice of Request for Applications (Notice), replacing the previous Notice that the NJDOH had issued last month, and announced that it is seeking new...more
While the District of Columbia (D.C.) has had a medical marijuana program on its books since 2013, there has been some debate regarding whether or not city workers are allowed to participate in the program, even if they have...more
On June 5, 2019, Nevada became the first state to make it unlawful for employers to reject job applicants who test positive for cannabis. ...more
Last week, the Illinois legislature passed a landmark bill authorizing recreational marijuana. Shortly thereafter, Governor J.B. Pritzker tweeted that he looks forward to signing the bill into law. ...more
On June 3, 2019, the New Jersey Department of Health (NJDOH) issued a much-anticipated Notice of Request for Applications (Notice) and announced that it is seeking new applicants to operate up to 108 new medical marijuana...more
On May 13, 2019, the New Jersey Department of Health (NJDOH) announced amendments to the state’s medical marijuana rules aimed at expanding access to the program, which implements New Jersey’s Compassionate Use Medical...more
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test....more
On March 27, 2019, the New Jersey Appellate Division reversed the lower court’s dismissal of a complaint that alleged discrimination based on an employee’s use of medical marijuana. ...more
In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more
On November 26, 2018, the New Jersey legislature advanced three cannabis-related bills out of committee; the measures now go to the floor of each chamber, and votes could occur as early as December 17, 2018....more
In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who...more
As the number of states authorizing use of cannabis increases for both medical and adult (i.e., recreational) purposes, the ambiguities and issues for employers continue to grow. Regardless of expansion at the state level,...more
The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more