Marijuana

Another State Finds No Federal Preemption of Its Medical Marijuana Law
February 6, 2019
Employer obligations to consider the use of medical marijuana as a reasonable accommodation just got murkier with a new case out of Delaware, Chance v. Kraft Heinz Foods Co., decided in December 2018.
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Update on Legalization of Medical Marijuana in Missouri
January 1, 2019
On November 6, 2018, Missouri voters overwhelmingly approved a constitutional amendment (“Amendment 2”) to legalize medical marijuana.
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Massachusetts: Employers’ Rights Under Recreational Marijuana Law May Soon Go up in Smoke
December 26, 2018
The burning question for most employers was whether they could fire or otherwise discipline employees who legally use recreational marijuana.
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Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
December 4, 2018
The U.S. Court of Appeals for the Ninth Circuit has a reputation as an employee-friendly forum.  Yet that Court recently rendered a decision that employers should applaud.
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Massachusetts - Is Your Workplace Ready for Retail Marijuana?
November 18, 2018
The Massachusetts Cannabis Control Commission recently announced that two retail marijuana shops have been approved for retail sales and can open as soon as Tuesday, November 20.
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High Times in the Mitten State
November 8, 2018
On November 6, Michigan voters approved Proposal 1, a ballot initiative providing for the legalization of recreational marijuana.
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Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
October 9, 2018
There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance.
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Wellness Programs: Is Financial-Use Marijuana A Thing?
September 23, 2018
Today’s (fictional) mailbag letter comes from Jay Blunt, the owner of a local publishing company.  Jay asks us to help him evaluate an employee’s request that he be permitted to use marijuana (CBD specifically) without penalty under the drug and alcohol policy so that he can quit tobacco and qualify for the financial benefit in the company’s wellness program.
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The Smoke Hasn’t Cleared: What’s the Workplace Impact of the FDA’s Approval of a Marijuana Based Drug?
July 12, 2018
The FDA recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy.  Does this mean that the federal government is saying that people can now begin using a marijuana-based drug treatment – including employees in the workplace?
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The Federal Government Is Challenging State Legalization of Marijuana – What Does This Mean for Employers?
January 3, 2018
Only days after California started selling recreational pot, which had been legalized under state law, CNN reported that Attorney General Jeff Sessions will announce that he is rescinding Obama-era guidance that had set forth a policy of federal non-interference with state legalization laws.
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Five Things Employers Should Know About Marijuana
November 30, 2017
In light of the growing number of states that have enacted legislation addressing the use of medical marijuana (see chart), employers should be aware of the following facts as they deal with this important issue.
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Do Employers Have to Provide Accommodations for Medical Marijuana Use?
September 6, 2017
The consensus amongst employers in the recent past has been that, because federal law categorizes marijuana as an illegal substance, employers could take adverse action against individuals who tested positive for marijuana (refusing to hire, disciplining or terminating).
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