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Private Right of Action Marijuana

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

Cole Schotz

According to New Jersey Federal Court, Employees Cannot Sue Under New Jersey Cannabis Law

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In May 2023, a federal judge for the US District Court for the District of New Jersey ruled that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide for a...more

Littler

Federal Court Holds That Employees Cannot File Private Lawsuits Against Their Employers Under New Jersey Cannabis Law

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In a case of first impression, the U.S. District Court for the District of New Jersey found the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“the Act”) does not create a private...more

Saul Ewing LLP

No Private Cause of Action Under NJ’s CREAMMA

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New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and...more

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

Littler on

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

Holland & Hart LLP

Could Recreational Marijuana Use Jeopardize a Nevada Employee's Job?

Holland & Hart LLP on

Recreational marijuana use is legal under Nevada state law. But could recreational marijuana use jeopardize an employee’s employment? Nevada voters voted to legalize recreational marijuana use effective January 1, 2017. The...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

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

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...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

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

McNees Wallace & Nurick LLC

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

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

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

Kaufman & Canoles

Employment Law Update – Fall 2020

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Over the years, Virginia has been regarded as a somewhat employer-friendly state in terms of workplace regulation. Virginia courts afforded substantial protection against state law claims due to the at-will nature of most...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

Jackson Lewis P.C.

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

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A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

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

Michigan Court of Appeals Rules in Favor of Employer in Medical Marijuana Case

On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of...more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Should Continue to Exercise Caution Regarding Marijuana Policies

As more states implement laws legalizing marijuana in some form or another, employers should pay close attention to whether those statutes include protections for covered individuals. A previous post in HRLegalist outlined...more

Burns & Levinson LLP

Healthy Pharms Litigation Dismissed on Eve of Massachusetts Cannabis Sales

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The closely watched Massachusetts cannabusiness case, Crimson Galeria Limited Partnership, et al. v. Healthy Pharms, Inc., et al., has been dismissed. On November 9, 2018, Judge Allison D. Burroughs of the U.S. District Court...more

Burns & Levinson LLP

Case Watch Update: A Deeper Dive into Crimson Galeria Limited Partnership v. Healthy Pharms, Inc.

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Picking up from an earlier post this month post, this week, we’re drilling down into the arguments raised by Century Bank and Trust Company[1]—one of the non-government defendants—as to why the Plaintiffs’ RICO claim against...more

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

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

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