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Medical Marijuana › Employer Liability Issues › State and Local Government

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... more +
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 -
Dinsmore & Shohl LLP

[Webinar] Medical Marijuana Laws in Kentucky - What You Need to Know - February 21st, 12:00 pm - 1:00 pm ET

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The vast majority of States and the District of Columbia have now legalized the use of medical marijuana, with Kentucky set to join this list in 2025. The fast pace and varied approaches seen in this emerging field have...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

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It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Bradley Arant Boult Cummings LLP

MORE Than Meets the Eye? How Federal Marijuana Legalization Legislation Could Affect Employers

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Roughly a month ago, the U.S. House of Representative voted to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which decriminalizes marijuana under federal law. Most notably, the MORE Act would remove...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

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Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Foley & Lardner LLP

Pre-Employment Cannabis Testing: Is It Still Worth It?

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For years, most employers and employees alike assumed a clean drug test was a pre-requisite for getting hired. These pre-employment drug testing panels included a list of illegal drugs, and almost always included...more

Butler Snow LLP

Mississippi Medical Cannabis Act and Its Impact on Employers

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On February 2, 2022, Governor Tate Reeves signed into law the much-anticipated Mississippi Medical Cannabis Act (“MMCA”) which legalizes the use of marijuana for medical purposes in the state. Mississippi is the 37th state to...more

Epstein Becker & Green

Marijuana Legalization Rundown: Recent Judicial Decisions

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As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year.  Along with those laws has come a number of recent court decisions...more

Ballard Spahr LLP

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

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On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

Jackson Lewis P.C.

Alabama Enacts Medical Marijuana Law

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Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more

Sands Anderson PC

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

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Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

Foley & Lardner LLP

The Empire State Legalizes Recreational Marijuana

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On March 31, 2021, New York joined 15 other states (including New Jersey) that have legalized marijuana for recreational use when Gov. Andrew Cuomo signed the New York State Marijuana Regulation and Taxation Act (MRTA). ...more

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

Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)

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On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more

Saiber LLC

New Jersey Supreme Court Rules that Employees can be Reimbursed for Medical Marijuana Expenses

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The New Jersey Supreme Court recently issued a significant decision in the area of cannabis law. In Hager v MK Construction, the New Jersey Supreme Court affirmed that medical cannabis prescriptions are lawful under workers...more

Saiber LLC

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

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On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to...more

Bradley Arant Boult Cummings LLP

Medical Marijuana and the Construction Industry: Effective Drug Testing Policy and Compliance

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Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more

McNees Wallace & Nurick LLC

Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?

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The answer to this question is . . . it depends.  Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more

Chartwell Law

Case Law and Statutory Updates on the Legalization of Marijuana in New Jersey

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Employers continue to navigate the consequences of the use of medicinal marijuana within the workplace. With the passing of Senate Bill No. 21, which went into effect on January 1, 2021, the legalization of the use,...more

McNees Wallace & Nurick LLC

New Jersey Legalized Recreational Cannabis – What do Pennsylvania Employers Need to Know?

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On February 22, 2021, New Jersey Governor Phil Murphy signed three bills that legalize the use of cannabis for those over the age of 21, decriminalize possession of less than six ounces of cannabis and establish civil...more

Littler

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

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On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more

Akerman LLP - HR Defense

Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

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Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found...more

Cozen O'Connor

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

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In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more

Ballard Spahr LLP

Legalizing Marijuana in South Dakota: Implications for Employers and Landlords

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Summary - South Dakota has legalized recreational and medical marijuana. On November 3, 2020, South Dakota voters approved Initiated Measure 26 (Measure 26) to legalize medical marijuana and also passed Constitutional...more

Littler

Legalization of Recreational Marijuana in NJ: Voter Approved, But Not Yet in Effect

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New Jersey Public Question 1 on this year’s election ballot sought New Jersey voters’ approval for a constitutional amendment to legalize the possession and use of marijuana for individuals age 21 and older, as well as the...more

McNees Wallace & Nurick LLC

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

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Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

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

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

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On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more

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