I recently chaired a webinar about marijuana and insurance issues, and I have already been roped into doing another one. I am well aware of how cannabis and insurance are a legally charged combination, and I expect to see an increase of cannabis insurance cases very soon. A federal court in Colorado just came down with an important cannabis insurance […]
CBE Policy & Employment Law updates
Must Employers Accommodate Employee Medical Marijuana Use?
By Eric B. Meyer I’ve blogged before about how grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve also blogged before that the Americans with […]
Does the Cannabis Industry Present an Opportunity for Organized Labor?
Legal marijuana is here, and it’s not going away. By early 2016, the states of Washington, Colorado, Oregon, and Alaska permitted the social use of cannabis, and 23 others protected the sale of medical marijuana. The Second Annual Cannabis Summit in Seattle in early January drew over 300 participants; the group included growers, retailers, academics […]
Colorado Marijuana Laws Being Challenged by Out-of-State Organizations
Three of the four marijuana-centered lawsuits filed against Colorado officials and businesses were organized and at least partially funded by out-of-state anti-drug organizations and socially conservative law firms, a Denver Post analysis shows. Only one lawsuit, filed by the states of Nebraska and Oklahoma, appears to be entirely homegrown. For those who oppose Colorado’s marijuana […]
Why Canadian Employers Must Accommodate Medical Cannabis Users
Employers in Canada have a duty to accommodate employees with medical disabilities that are using prescribed medical cannabis as a treatment. I should say, at the outset, that I am a Human Resources specialist, and my perspective does not constitute legal advice of any kind. Human Rights legislation in Canada requires employers to accommodate individuals […]
Alaska Forecast Predicts Statewide Job Loss — Except in the Cannabis Industry
For the second time in nearly two decades, Alaska’s yearly employment forecast is predicting job losses across the state. The annual report, published recently by the Department of Labor and Workforce Development, is predicting a net loss of about 2,500 jobs in 2016 after 1,700 jobs were gained in 2015. “Both statewide and in Anchorage, […]
Buffalo Lawyer Is First in New York to Focus on Medical Marijuana
Marc S. Gromis worked as a federal prosecutor for 15 years, going after scam artists who cheated people out of their money. He retired in 2002 as chief of white collar crime prosecutions in the U.S. Attorney’s office in Buffalo. Now, he’s starting a new legal career. Gromis is believed to be the first lawyer […]
Here’s What the Washington, D.C. Council Could Do to Allow Legal Pot Sales
The D.C. Council’s surprise see-saw on loosening marijuana laws Tuesday — and promise to revisit the issue within a month — has set up a vexing period of high-stakes negotiations that could put the council on a collision course with Mayor Muriel E. Bowser and with a Republican-controlled Congress that wishes D.C. voters never legalized […]
Study Finds Employers Have Little Tolerance For Any Cannabis Use by Employees
Medical or recreational use of marijuana is legal in 23 states and the District of Columbia, but employers in those locations continue to have a zero-tolerance policy about the drug’s use in the workplace, the Society for Human Resource Management (SHRM) found in a survey of HR professionals. In the most extensive survey of employer […]
New Jersey Addresses Legalizing Recreational Marijuana Use
Although Governor Chris Christie has threatened to veto legislation seeking to decriminalize or legalize marijuana use or possession, on November 16, 2015, New Jersey’s Senate Judiciary Committee heard testimony from decriminalization and legalization proponents without taking any vote on pending legislation. New Jersey presently allows for the use of marijuana for medical purposes, which is […]
How to Address Negativity in Your Cannabis Workplace
Your workplace is seething with hostility and negativity. No matter where the bad vibes came from, it’s up to you to help make the atmosphere more positive, productive and supportive. As a manager, supervisor, or staff member, you usually do not control the situation that is causing the negativity. Perhaps no one in your workplace […]
Michigan High Court: Fired Medical Marijuana Users Can Still Get Unemployment
The Michigan Supreme Court has refused to hear an appeal from the Unemployment Insurance Agency in a case involving benefits for people fired from jobs over medical marijuana use. The denial means people with medical marijuana cards who lost work after failing drug tests will continue to be eligible for unemployment benefits, based on an […]
Ohio Employers Are Warned: Better Get Ready For Medical Marijuana
Every employer in Ohio and surrounding states must now begin to develop workplace controls to fully address the legalization of marijuana in Ohio. To be most effective and legally defensible, these controls should be more expansive than simple revisions to current drug-free workplace and testing policies. Key to these efforts is understanding that marijuana, medical […]
New Staffing Firm Focuses on Employees For the Cannabis Market
You don’t need to grow pot to see your business take root in Denver’s cannabis industry. Just look at Karson Humiston, a 22-year-old who founded cannabis industry staffing firm Gradujuana this summer and plans to expand outside of Colorado this year. “Our first spot outside of Colorado is L.A., which will hopefully be up by […]
How Marijuana Can Get You Fired — Even If You Never Use It
There’s a lot to say about drug testing. For years, it’s been a hot topic of debate between employers and workers, many of whom feel that drug testsviolate their right to privacy. Employers, on the other hand, are concerned about liability — and are willing to ruffle some feathers in order to make sure their […]
Here’s Why Every Workplace Needs to Have a Marijuana Policy
If you’re a small-business owner and marijuana has been legalized in your state, should you care? The short answer is, yes. Nearly half of small businesses don’t have a policy about cannabis use in the workplace and 10% have had employees show up under the influence of a controlled substance at work, according to a […]
How Medical Marijuana Impacts the Arizona Workplace
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 questions facing Arizona employers with the goal of helping them […]
Medical Marijuana Patient Sues Former Employer Over Firing For Drug Use
BOSTON – When Cristina Barbuto of Brewster took a job with a marketing firm, she told the company that she used medical marijuana to treat symptoms of Crohn’s disease. Barbuto says she worked for only one day for Advantage Sales and Marketing, promoting products in a supermarket, and then the company fired her. The reason […]
