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Controlled Substances Act Drug Testing Marijuana

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Venable LLP on

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

Seyfarth Shaw LLP

Puff-Puff-Pass the Ball? NCAA Ponders a Different Kind of High Standard for Drug Testing Athletes

Seyfarth Shaw LLP on

College athletes around the country may soon be in for an unexpected change in drug testing requirements. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) recently showed support for removing...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Locke Lord LLP

Marijuana Criminalization No MORE?

Locke Lord LLP on

In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift...more

Roetzel & Andress

Will Cannabis Ever Be Legalized At The Federal Level?

Roetzel & Andress on

Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage...more

Fox Rothschild LLP

On The Issue Of Legalized Marijuana, Amazon Asks For MORE

Fox Rothschild LLP on

In a recent blog post, Amazon CEO Dave Clark expressed his public support for the federal Marijuana Opportunity Reinvestment and Expungement Act of 2021 (MORE Act). The company also announced that it will stop screening or...more

Jackson Lewis P.C.

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

Constangy, Brooks, Smith & Prophete, LLP

A history of the decline and rise of the marijuana empire

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

Seyfarth Shaw LLP

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Benesch

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Baker Donelson

Still Smoking: Medical Marijuana in Maryland and What You Need to Know

Baker Donelson on

Maryland first joined the "legal marijuana" party back in 2014, and in June 2017, the Maryland Medical Marijuana Commission licensed the first dispensary. Originally published in Maryland State Bar Association Section of...more

McNees Wallace & Nurick LLC

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

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

Foley & Lardner LLP

Michigan Brings Legalized Recreational Marijuana to the Midwest

Foley & Lardner LLP on

Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Foley & Lardner LLP

Refusing to Hire Medical Marijuana User Puts Employer in Jeopardy

Foley & Lardner LLP on

The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more

Nilan Johnson Lewis PA

Medical Cannabis Expands in Minnesota on August 1: What Employers and Institutions Need to Know

On August 1, 2018, some Minnesotans diagnosed with obstructive sleep apnea or autism will be able to use medical cannabis to alleviate symptoms associated with those conditions for the first time. Individuals diagnosed with...more

Fox Rothschild LLP

Employment Compliance In The Age Of Legalized Marijuana

Fox Rothschild LLP on

Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

Fisher Phillips

Cannabis Use Across Industries And Occupations: What Can-A-Business Do?

Fisher Phillips on

Legalized cannabis is quickly making an entrance into all corners of the United States. Currently, nine states and the District of Columbia have legalized marijuana for recreational use. An additional 20 states allow medical...more

Sheppard Mullin Richter & Hampton LLP

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Fisher Phillips

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

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