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Grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. TheADA does not protect illegal drug use by employees. If the illegal drug use, and not the disability, motivates a…
Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for…
With the enactment of the Arizona Medical Marijuana Act (AMMA) in 2010, the number of medical marijuana card holders in Arizona is over 65,000 and growing. Chances are your business does or will employ one of them. This article will answer the five most pressing…
With state legislative sessions winding down, it’s been pretty quiet on the medical marijuana front, except for California, where both localities and the legislature continue to grapple with the issue. Gov. Jerry Brown (D) signed Assembly Bill 258, which will bar…
Although medical marijuana is now legal in twenty-three states, including New Mexico, it remains illegal under federal law. This creates a challenging legal landscape for employers who want or need to drug test employees, but do not want to expose themselves to…
Closing a gap in Hawaii’s medical marijuana law, a new law sets up a regime of vertically integrated grow facilities and retail dispensing licenses for the delivery of medical marijuana to “cardholders†in Hawaii. The stated intent of the new law, signed by…
Colorado workers who use medical marijuana and engage in other activities permitted by state law but not federal law are not protected by the state’s “lawful activities statute,” the Colorado Supreme Court ruled. In Brandon Coats v. Dish Network…
Georgia became the 36th state, plus Washington, D.C., to legalize marijuana extracts to treat illnesses. Gov. Nathan Deal signed the “Haleigh’s Hope Act,” which immediately legalized the use of medical marijuana to treat eight serious medical…
Dr. Carolyn Clancy, the VA’s interim under secretary for health, told the House Committee on Veterans’ Affairs “there are active discussions going on now” about how to deal with the growing number of vets seeking to use medical marijuana for…
The Governor of New York signed on July 7 New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana….