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Controlled Substances Act Employer Liability Issues Medical Marijuana

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

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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

Seyfarth Shaw LLP

DOJ Publishes Proposed Rule to Reschedule Cannabis

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Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

Troutman Pepper Locke

Employer Drug-Testing Policies Must Evolve With State Law

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While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

Bradley Arant Boult Cummings LLP

What the Court’s Treatment of Roe and a Workers’ Compensation Case Reveal about President Biden’s Approach to Cannabis

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...more

Bradley Arant Boult Cummings LLP

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

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

Troutman Pepper Locke

Marijuana Criminalization No MORE?

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In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift...more

Troutman Pepper Locke

“Aid” or “Aiding and Abetting?” Medical Marijuana and Federal Preemption in Minnesota

Troutman Pepper Locke on

On October 13, the Supreme Court of Minnesota barred an employee from getting reimbursed for medical marijuana treatment for a work-related injury. Although the employee was entitled to reimbursement from her employer under...more

Saiber LLC

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

Saiber LLC on

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

Fox Rothschild LLP

NJ Employers May Have To Cover Medical Marijuana Reimbursement For Those On Workers’ Compensation

Fox Rothschild LLP on

Two recent developments may lead to New Jersey employers being required to reimburse the cost of medical marijuana for workers’ compensation recipients. In a case of first impression, New Jersey’s Appellate Division, in...more

Verrill

Workers' Comp 2020: Tips and Trends to Manage Workplace Safety

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On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that...more

White and Williams LLP

New Jersey Employers Must Pay for Pot

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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

Tucker Arensberg, P.C.

Dazed and Confused: What School Districts Should Know About Legalized Medical Marijuana

Tucker Arensberg, P.C. on

Under Pennsylvania’s Medical Marijuana Act (“MMA”), 35 Pa. C.S.A. §10231.101, et seq., individuals with certain serious medical conditions can apply for a medical marijuana card from the Pennsylvania Department of Health....more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

McManis Faulkner

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

McManis Faulkner on

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

Adler Pollock & Sheehan P.C.

Update on Marijuana in the Workplace

For employers who attended the recent AP&S seminar on “Marijuana in the Workplace,” as well as all employers looking to stay informed of new developments in this area of the law, the Rhode Island General Assembly has now...more

McManis Faulkner

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on

Proposition 64 changed marijuana laws.  What many do not realize is that it did not change employment laws.  Employers recognize societal norms are changing with the passing of Prop 64.  A new era has commenced and the Family...more

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

What Is CBD Oil and Why Should Employers Care to Know?

Cannabidiol (CBD) is a nonintoxicating compound found in both marijuana and hemp that can be extracted and combined with oil for ingestion or inhalation through the use of a vaporizer. In recent months, retailers in many...more

Chartwell Law

Medical Marijuana In Pennsylvania

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On Sunday, April 17, 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (commonly referred to as “Senate Bill 3” and referenced herein as “the Act”), into law, thereby making Pennsylvania the 24th state to...more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

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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

McNees Wallace & Nurick LLC

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

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

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

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Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

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

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more

Foley & Lardner LLP

Refusing to Hire Medical Marijuana User Puts Employer in Jeopardy

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The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more

Mintz - Employment Viewpoints

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

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

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