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Managing Labor and Employment Complexities in Cannabis Businesses [Video]

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

New Jersey Issues Guidance on Evaluating Cannabis Impairment in Employees

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 Move to Prohibit Pre-Employment Marijuana Testing

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

New York’s New Adult -Use Cannabis Law Brings With It Immediate Action Items for Employers

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

New Jersey Cannabis Program Off to the Races - Cannabis Regulatory Commission Holds First Meeting and the Clock Starts for...

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

New Jersey Finally Enacts Adult-Use Cannabis Law, Simultaneously Addresses Decriminalization and Previous Convictions

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

PA Courts Issue Several Decisions Clarifying Employee Rights for Medical Cannabis Patients

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

Wheels Are in Motion for Recreational Marijuana in New Jersey and Several Other States

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

New Jersey Supreme Court Issues Final Say on Workplace Protections for Employee Medical Cannabis Use

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

Pennsylvania Court Finds Employee Can Assert Claim Against Employer Under State’s Medical Marijuana Act

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

Cannabis Industry Subject to Federal Wage Law Says Tenth Circuit

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

New Jersey Offers More Workplace Protections for Medical Cannabis Patients

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

NJ Department of Health Changes Course on Medical Marijuana Licenses – Potential Licenses Reduced to 24

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

District of Columbia Council To Allow Some City Employees to Access Medical Marijuana (For Now)

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

Nevada Employers Cannot Refuse to Hire Based on a Positive Marijuana Test

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

What Illinois' Authorization of Adult Use Cannabis Means for Employers

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

NJ to Issue Up to 108 New Medical Marijuana ATC Licenses, Will Transform State’s Program

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

New Jersey Dept. of Health Amends State Medical Marijuana Rules

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

NYC Employers – No More Pre-Employment Drug Tests for Marijuana

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

New Jersey Employers May Not Discriminate For Employees' Use of Medical Marijuana

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

Tenth Circuit to Decide if the FLSA Applies to Employers in the Cannabis Industry

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

New Jersey Makes Major Strides to Expand Cannabis Program

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

Federal Court Rules that Federal Contractor’s Refusal to Hire Medical Marijuana User Violated State Law

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

Three Questions for Employers to Consider Regarding Medical Marijuana

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

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

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

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