News & Analysis as of September 20, 2024

Controlled Substances Act

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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 -

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

Holland & Knight LLP on 5/6/2021

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

New Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs

Ballard Spahr LLP on 4/21/2021

On April 13, 2021, the New Jersey Supreme Court unanimously upheld an Appellate Division decision affirming a workers’ compensation order which directed M&K Construction to reimburse a former employee, Vincent Hager, for the...more

Supreme Court of New Jersey Affirms Appellate Court’s Medical Marijuana Decision

Chartwell Law on 4/19/2021

This is an update on a previous article, Case Law and Statutory Updates on the Legalization of Marijuana in New Jersey, published February 26, 2021. ‍ This week the Supreme Court of New Jersey affirmed a decision of the...more

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

Genova Burns LLC on 1/28/2020

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

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

Sheppard Mullin Richter & Hampton LLP on 1/22/2020

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

2019 Cannabis & Co: Addressing Cannabis in the Workplace (Part 2) - Proposition 64

McManis Faulkner on 7/30/2019

Cannabis & Co: Addressing Cannabis in the Workplace (Part 2): - What is the evolution of marijuana and California Employment Law? - Review of Controlled Substances Act, California Compassionate Use Act, and Proposition 64. -...more

Affirming Local Control of Land Use Regulation, Court Holds That Ex Post Facto Laws do Not Apply to Ordinances Regulating...

Miller Starr Regalia on 10/4/2017

Although the federal Controlled Substances Act prohibits the use, possession, manufacture, and sale of marijuana for all purposes, numerous states have loosened their own marijuana laws. For example, California’s Proposition...more

Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?

Miller Starr Regalia on 8/5/2016

California’s cities and counties have a long and growing track record successfully defending challenges to their land use authority filed on behalf of medical marijuana dispensaries. These successes are largely a product of...more

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Pillsbury Winthrop Shaw Pittman LLP on 4/26/2016

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

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Medical Marijuana › Compassionate Use Act › Controlled Substances Act

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