Washington Court: Workers Can Be Fired Over Medical Marijuana

OLYMPIA, Wash. - (AP) Medical marijuana patients can be fired from their jobs in Washington state even if they only use the drug outside the workplace, the Washington Supreme Court ruled Thursday. Justices said in their 8-1 decision that state law does not provide any employment protections for medical...

Would-Be Pot Shops Sue Arizona For Right To Open

PHOENIX - (AP) Arizona attorneys have filed a lawsuit seeking to force the agency that regulates the state's medical marijuana program to accept applications to operate from would-be pot shops. The Arizona Department of Health Services was supposed to begin accepting the applications June 1, but...

Medical Marijuana Dispensary Owners Have Unclean Hands in Eyes of Federal Bankruptcy Court

A medical marijuana dispensary, ex-clients of an attorney debtor in a bankruptcy action, sought a ruling by the bankruptcy court that debts incurred by the dispensary were nondischargeable because they were incurred as a result of the attorney's improper advice. Specifically, the dispensary contended...

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting edge issues. As such, they are informative...

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting edge issues. As such, they are informative and...

Feds Blunt Delaware's Medical-Marijuana Law

Delaware's medical-marijuana program has gone up in smoke. According to the News Journal , Gov. Markell "has suspended the regulation-writing and licensing process for medical-marijuana dispensaries--effectively killing the program." The decision comes in response to a letter from U...

Duane Morris LLP: Patient Registrations for Medical Marijuana Use Begin in New Jersey

More than two years after the passage of New Jersey's Compassionate Use Medical Marijuana Act ("Act"), patients are now able to register and receive state-issued identification cards to obtain prescriptions for medical marijuana. Formal patient registrations began approximately two weeks...

Washington Supreme Court Preempts Employee's Use of Medical Marijuana

By Karin Jones Introduction. In a hotly-contested case garnering statewide attention, the Washington Supreme Court confirmed that Washington's Medical Use of Marijuana Act did not obligate an employer to accommodate an employee's use of medical marijuana, even when the employee in a non...

Roe v. TeleTech: Washington Supreme Court Snuffs Out Employee's Claim of Retaliatory Discharge for Medical Marijuana Use

by Karin Jones The wrongful discharge claims of a medical marijuana user went up in smoke when the Washington Supreme Court ruled in Roe v. TeleTech Customer Care Management (Colorado) LLC, 171 Wn.2d 736, 257 P.3d 586 (2011) [ an enhanced version of this opinion is available to lexis.com subscribers...

Up in Smoke: Should Medical Marijuana Be Allowed in California’s Workers’ Compensation System?

The use of medically prescribed marijuana has been a controversial issue in California for many years. It is interesting that the issue does not come up more often in the workers’ compensation context. It may not come up more because marijuana is still fundamentally an illegal drug. It is hard...

Oregon Supreme Court Weeds Out Medical Marijuana Accommodation Claims in the Workplace

by Karin Jones The Oregon Supreme Court has confirmed that employers are not obligated to accommodate the use of medical marijuana by disabled or other employees, holding in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries, 348 Ore. 159, 230 P.3d 518 (2010) that federal law preempts...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (1/28/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: IAIABC Posts 50 State Medical Marijuana Survey . NFL Sued by Former Football Player’s Family...

Understanding the Concept of 'Legal Impairment': Legalized Marijuana in the Workplace

By John Stahl, Esq. The legal implications of decriminalizing limited marijuana-related activity in some states extend beyond basic challenges such as amending zoning laws to accommodate medical marijuana dispensaries. The associated increasingly large populations of employees that are introducing...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (5/28/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Physician Fee Schedules Work More for Evaluation/Management, Not Surgery . Physician Dispensed Share...

State Net Capitol Journal – July 22, 2013

Budget & Taxes STATES MAKING UNPRECEDENTED UNEMPLOYMENT INSURANCE CUTS: The dramatic cuts North Carolina made to its unemployment insurance program this month drew fierce protests in Raleigh and national headlines. But they were just the latest in a string of unprecedented reductions states have...

Private Equity Fund Investing in Pot

A pair of experienced investment bankers are moving into the marijuana business. They've set up a private equity firm that will buy up businesses in the medical marijuana industry and the nascent market for legalized recreational pot. Brendan Kennedy, one of the cofounders of Privateer Holdings,...

State Net Capitol Journal: Nevada Upping Ante On Medical Marijuana

In 1931 the Nevada Legislature passed "The Wide Open Gambling Bill," which helped turn a nascent industry into a cornerstone of the state's economy. This past June the state passed a law that could do the same for another budding industry: medical marijuana. "It exceeds our wildest...

State Net Capitol Journal – October 21, 2013; States Debate Benefit Of Red-Light Cameras

Budget & Taxes STATES DEBATE BENEFIT OF RED-LIGHT CAMERAS: Communities in 24 states now have at least one red-light camera, according to the Governors Highway Safety Association. But whether those cameras have made the communities' intersections safer — or just made their respective...

State Net Capitol Journal: Nevada Upping Ante on Medical Marijuana

In 1931 the Nevada Legislature passed "The Wide Open Gambling Bill," which helped turn a nascent industry into a cornerstone of the state's economy. This past June the state passed a law that could do the same for another budding industry: medical marijuana. "It exceeds our wildest...

State Net Criminal Law Update: Medical Marijuana Up In Smoke In Florida and New Jersey?

FL GOP TRYING TO BLOCK MEDICAL MARIJUANA AMENDMENT: For the past three years Florida's Republican-controlled Legislature has repeatedly blocked medical marijuana legislation, not even allowing it to come up for a vote. Now the state's political establishment, led by Republican Attorney General...

New Mexico: Appellate Court Says Employer Must Reimburse Injured Worker For Cost of Medical Marijuana

In spite of the fact that the Controlled Substances Act (CSA), 21 U.S.C. § 811, does not distinguish between recreational and medical use of marijuana—both violate the law—a New Mexico appellate court has held that an employer may nevertheless be required to reimburse an injured employee...

Florida Legalizes Medical "Marijuana" But You Can Still Be Fired For It

Florida's Governor signed a bill legalizing a form of medical "marijuana" called Charlotte's Web this week. The law will go into effect next year. I'm underwhelmed. While it's a bit of a victory for patients covered under this new law (cancer or a physical medical condition...

Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use

How Will the Colorado Supreme Court Decide Coats v. Dish Network? In a case being closely watched nationwide, the Colorado Supreme Court will address for the first time an important issue for employers and employees in the state: whether an employer may terminate an employee for the off-duty use of...

New York Enacts Law Enabling Some Chronically Ill Workers to Use Medical Marijuana on the Job

On July 7, 2014, New York Governor Andrew Cuomo signed into law the New York Compassionate Care Act, N.Y. State Senate Bill S07923 , N.Y. State Assembly Bill A06357E (the “NYCCA” or the “Act”), which, effective immediately, legalizes and comprehensively regulates the manufacture...

The Drug Law Evolution and The Workplace

The proverbial sky could fall soon for drug testing and drug policies Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal law. Employers have traditionally relied on this...