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Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. Does the law exempt any industries or positions?
In the last two years, more jurisdictions have passed laws providing employment protections to applicants and employees using cannabis on their free time, including in New York , Washington, DC , and California. Ceballos v. NP Palace, LLC , Aug. 11, 2022.). He also sued for wrongful discharge. The Supreme Court of Nevada upheld the dismissal.
Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. Does the law exempt any industries or positions?
In a decision last week, the Nevada Supreme Court ruled that the statelaw protecting “lawful activities” or “lawful off-duty conduct” does not apply to non-medical cannabis consumption, according to an Ogletree Deakins report. Court Rules Off-Duty Recreational Cannabis Use Not Protected By Nevada StateLaw.
On April 21, 2023, Delaware became the 22nd state to legalize marijuana—despite the governor’s opposition. John Carney (D) passed two bills to legalize cannabis into law without his signature. Carney vetoed the bill to allow recreational use of marijuana in May 2022. However, it is prohibited to use it in public places.
Connecticut has become the 19 th state to legalize recreational marijuana use by adults. Connecticut will permit individuals 21 years of age and older to possess and use recreational cannabis. The drug testing provisions of the law do not apply to employers who are required to conduct drug testing pursuant to: (1) U.S.
This is because federal law continues to inappropriately define all marijuana-related endeavors as criminal enterprises, including those commercial activities that are licensed and legally regulated under statelaws. ” To which, Federal Reserve Chairman Powell replied , “I think it would be great to have clarity. .
Consumer products law blog. Class actions against CBD companies proliferate under federal and statelaw. These jurisdictions are among the few that have legalized Marijuana -sourced CBD for both medical and recreational uses, with the exception that Marijuana-sourced CBD remains illegal in Florida for recreational uses.
The Illinois General Assembly passed SB 1557 , revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. As we previously blogged, the Illinois Cannabis Regulation and Tax Act will legalize recreational cannabis for Illinois adults starting January 1, 2020.
Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. On June 22, 2021, Connecticut legalized recreational marijuana use by adults 21 years and older. There are numerous positions and industries exempt from the law.
Forest Service (USFS) human resources division posted a notice on Monday that says while cannabis is legal in some form in a majority of states, federal workers “must remain drug-free and refrain from illegal drug use whether on or off duty regardless of statelaws.”. HRM: Federal law prohibits marijuana use.
Recreational marijuana use is legal under Nevada statelaw. But could recreational marijuana use jeopardize an employee’s employment? Nevada voters voted to legalize recreational marijuana use effective January 1, 2017. The law decriminalized recreational marijuana when used in compliance with Nevada law.
A petition has been filed in an effort to legalize recreational marijuana in Oklahoma. State Question 806 , filed on Dec. 12, would add an amendment to the Constitution, which would generally legalize, regulate and tax marijuana for people aged 21 and older under statelaw. OKLAHOMA CITY —.
Through the Marijuana Regulation and Taxation Act recently signed by Governor Andrew Cuomo, New York legalized recreational cannabis use by adults over the age of 21. DHC’s experience representing clients in highly regulated industries allows us to assist clients in the cannabis space as they navigate the complexities of these regulations.
Earlier this month, Governor Pritzker signed into law SB 1557 , revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action. The Original Legalization Bill As Enacted. Return-to-duty drug testing raised similar issues, typically detecting off duty drug use during a leave.
Across the country, states are moving to legalize medical and recreational marijuana. In states that legalize recreational marijuana, employers and drug testing services have seen significant increases in positivity rates for marijuana metabolites. See our recent blog concerning a related Arizona court decision.
The state has introduced a new program to compensate Maine cities and towns for costs they incur when opting to permit recreational, adult-use cannabis businesses. A statelaw passed earlier this year grants reimbursement for many municipal expenses associated with the opt-in process. To access the portal, click here.
The Clark County Council voted 3-2 to lift its ban on recreational cannabis businesses in unincorporated areas of the county at its Tuesday evening meeting. Recreational sales can begin in unincorporated areas of Clark County as early as Jan. Both Vancouver and Battle Ground allow recreational marijuana businesses.
Sticky’s Pot Shop, which unsuccessfully defied the county’s ban on recreational cannabis, will reopen in its Hazel Dell location should the Clark County Council vote to reverse the prohibition. In April, the council held a work session examining the public safety and health aspects of legal cannabis.
Following the legalization of recreational cannabis in New York by the Marijuana Regulation and Taxation Act (MRTA) earlier this year, which we previously reported on, the New York State Department of Labor has issued guidance in the form of FAQs for employers regarding adults’ use of recreational cannabis as it relates to the workplace.
ROCHESTER, N.Y. — The New York State Department of Labor has released new guidance regarding legalized recreational marijuana use and the workplace. That means an employer must provide “objectively observable” evidence that the employee’s job performance—or overall workplace safety— is negatively impacted by marijuana use.
Going along with this rapid trend toward legalization, states have enacted various workplace protections for marijuana users, including prohibitions on adverse employment actions for off-duty marijuana use. StateLaw Considerations. Interplay Between Federal and StateLaw. Off-Duty Marijuana Use.
Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for recreational purposes, after Minnesota Governor Tim Walz signed a statelaw allowing adults 21 and older to use recreational cannabis. The new law amends the state’s Consumable Products Act to protect off-duty cannabis use.
It is a social and recreational activity that is legal and permissible in California,” the board said. The board further acknowledged that Harper’s behavior was “no different from the personal consumption of wine, beer, or other alcoholic beverages.”. “It
It is a social and recreational activity that is legal and permissible in California,” the board said. The board further acknowledged that Harper’s behavior was “no different from the personal consumption of wine, beer, or other alcoholic beverages.”. “It
More than 6,000 Bronx misdemeanor marijuana cases went up in smoke Thursday, dismissed in line with statelaws making much use of the drug legal. The move follows statelaw legalizing the recreational use of marijuana — including smoking in public — that took effect two months ago.
The legalization of medical marijuana use in 33 states and recreational marijuana use in 11 states has led to hazy implications for the hospitality industry. Vast variances in statelaws exist and, to make matters worse, cannabis remains listed as a Schedule I illicit substance under the Controlled Substances Act.
Pritzker is expected to sign a comprehensive recreational cannabis bill. Across the country, states are moving to legalize medical and recreational cannabis. In states that legalize recreational cannabis, employers and drug testing services have seen significant increases in positivity rates for cannabis metabolites.
Marijuana laws have evolved significantly over the past few decades, with many states allowing adults to purchase and consume marijuana for medical use, recreation or both. Growers, product manufacturers, distributors and dispensaries must all meet specific state-level regulations. Modern Pesticide Use on Marijuana Crops.
Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a pre-employment drug test.
The reference to being “adulterated” came from statelaw which was not even the basis for the FAQs. of the Health and Safety Code, or cannabinoids, extracts, or derivatives from industrial hemp. The revised text of AB-228 goes much further.
Maine is planning to have its first recreational marijuana shops open in June, three months later than expected. State budget forecasters are banking on a robust kickoff, however, estimating $5 million in sales by the end of the month. Retail shops need state-issued conditional licenses. The article adds.
Eleven of those states — Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington — and the District of Columbia have adopted laws legalizing marijuana for recreational use.
The Federal Air Surgeon’s office has received a number of inquiries about marijuana, due to the recent increase in the number of states around the country that have approved its use for medical and recreational purposes. Be aware that federal law — not statelaw — governs FAA medical and pilot certification.
The suit argues that according to House Bill 701, which addresses recreational marijuana implementation in Montana, counties and cities can put further rules and regulations on marijuana sales. The city’s ban violates statelaw and goes against the clear will of the people.”.
The organization has, they say, ……evaluated patient access, affordability, equity, and product safety. With a decline in legislative improvements in state medical cannabis programs, millions of patients are left with limited or no access,” ASA Executive Director Debbie Churgai said. “It
of the Health & Safety Code. Though I have my doubts about the legality of this cannabis swag under California statelaw, and even though the gifting and receipt of the bags is undoubtedly federally illegal drug trafficking, I cannot help but applaud everyone behind these cannabis gifts: it’s brave and it’s bold.
One might think that the recent uptick in the legalization of recreational marijuana usage would correlate with a decline in the arrests and seizures related to the leafy-green. According to recent data from the Drug Enforcement Administration , however, in 2021, federal law enforcement agents seized over 5.5
Multiple state lawmakers told City Pulse this week that Linder has been shopping legislative amendments for months that aim to reel back existing plant and patient allowances for medical marijuana caregivers and also require that their products be tested at a licensed laboratory. It’s the guy who is blowing out 100, 200 or 300 lights.
Interfere with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health laws. the NYS Human Rights Law), even if such disability or condition is unknown to the employer. Frequently Asked Questions.
Beyond Pesticides , October 8, 2019) As medicinal and recreational marijuana continue to be legalized in a growing number of states, concerns about the safety of the burgeoning industry—how the substance is grown, harvested, processed, distributed, sold, and used—have emerged. Here’s their blog post of 8 October.
While the Federal Motor Carrier Safety Administration (FMCSA) handbook says that drivers aren’t prohibited from using federally legal CBD products that contain up to 0.3 percent THC per dry weight, it cautions examiners that the use of the non-intoxicating cannabinoid could still jeopardize physical exam certifications. Read full report.
While employers in the US transport industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the ever-increasing tally of states and localities across the country legalising cannabis for medicinal and recreational purposes.
Legalization of medical and recreational marijuana use continues to spread across the United States despite the drug remaining a Schedule I controlled substance under federal law. California Mulls Lawful Off-Duty Use Protections. Tae Phillips Birmingham. Zagger New York. Cities Creating Their Own Rules. Key Takeaways.
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