Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more
9/26/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
THC ,
Zero Tolerance Policies
On January 8, 2024, the Kentucky Cabinet for Health and Family Services (Cabinet) published its long-anticipated first proposed set of medical marijuana regulations. These proposed regulations set forth the operating...more
On November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates...more
11/7/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Tenants ,
Decriminalization of Marijuana ,
Dispensaries ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Foods ,
Medical Marijuana ,
New Legislation ,
Plant Based Products ,
Recreational Use ,
Regulatory Reform ,
Retail Market ,
Social Equity Programs ,
State and Local Government ,
Tax Rates
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
6/22/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Civil Rights Act ,
Controlled Substances Act ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Prescription Drugs ,
THC ,
Title VII
States Regulating Marijuana Use Off-Site and At Work-
While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more
Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize...more
3/31/2023
/ Agribusiness ,
Anti-Money Laundering ,
Banks ,
Controlled Substances Act ,
Convictions ,
Credit Unions ,
Decriminalization of Marijuana ,
FinCEN ,
Marijuana ,
Medical Marijuana ,
NCUA ,
Presidential Pardons ,
Racketeering ,
Recreational Use ,
Tax Revenues
As Ohio’s medicinal marijuana industry grows and the public’s attitude towards marijuana trends toward acceptance, various organizations and lawmakers have begun to lay the groundwork to – at long last – legalize adult use...more
In late October, the Alabama Medical Cannabis Commission (AMCC) sent comprehensive License Application Forms to more than six hundred medical marijuana industry hopefuls throughout the state. The deadline to apply for one of...more
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
11/10/2022
/ Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Controlled Substances Act ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Judiciary ,
Judges ,
Marijuana ,
Medical Marijuana ,
State Courts ,
Title I ,
Title II ,
Title III ,
Title VII
On October 6, 2022, President Biden took his first steps to overhaul federal policy on marijuana. In doing so, he pardoned individuals with federal offenses for simple marijuana possession and initiated review as to how the...more
For a variety of reasons, many states that have legalized recreational or medical marijuana have imposed residency requirements throughout their regulatory schemes, meaning that marijuana license holders, employers, and, in...more
As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit....more
6/8/2022
/ American Bankruptcy Institute ,
Bankruptcy Code ,
Cannabis-Related Businesses (CRBs) ,
Chapter 11 ,
Controlled Substances Act ,
Creditors ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Workout Agreements