News & Analysis as of September 20, 2024

Preemption

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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 -

Weeding through the Uncertainties of Marijuana Testing in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on 10/7/2022

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

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

McGlinchey Stafford on 4/13/2022

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

The Biden Presidency: How Will Cannabis Business Be Taxed?

Farrell Fritz, P.C. on 2/22/2021

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

New Jersey Employers Must Pay for Pot

White and Williams LLP on 1/28/2020

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

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

Seyfarth Shaw LLP on 1/28/2020

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

America's Growing Embrace of Cannabis

Lathrop GPM on 8/8/2019

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

Arizona Slashes Medical Marijuana Card Cost in Half, Requires Testing

Snell & Wilmer on 6/27/2019

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

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

Littler on 3/12/2019

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 Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

K&L Gates LLP on 3/5/2019

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

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

McNees Wallace & Nurick LLC on 2/26/2019

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

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on 9/26/2018

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

New Fed Cannabis Policy Hits California Local Government - Potential Fiscal Impacts and Confusion

Best Best & Krieger LLP on 1/15/2018

Just days after the sale of recreational cannabis became legal in California, U.S. Attorney General Jeff Sessions issued a new policy regarding cannabis-related activities that is causing confusion for local governments — and...more

Rescission of Medical Marijuana Memoranda

Dickinson Wright on 1/12/2018

Attorney General Jeff Sessions issued a one-page memorandum on January 4, 2018 (the “Sessions Memo”) rescinding both the Cole and Ogden Memoranda which essentially established a Department of Justice (“DOJ”) prosecutorial...more

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

Stinson LLP on 1/8/2018

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.

Farrell Fritz, P.C. on 11/27/2017

Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of those states legalizing marijuana and the Controlled Substance Act (the “CSA”). The CSA is a...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

Littler on 8/17/2017

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...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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