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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...

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...

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...

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...

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...

Opening a Door? Michigan's Medical Marijuana Law And Unemployment Benefits

In Braska v. Challenge Manufacturing Co., the Michigan court of appeals considered consolidated appeals concerning whether an employee who, after using medical marijuana in accordance with Michigan's statute and who was discharged after testing positive on a drug test at work, could be denied unemployment...

When Might Firing A Medicinal Marijuana User Be Discriminatory?

Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [ FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever...

Colorado Supreme Court Upholds Termination for Medical Marijuana Use

Colorado has a quirky little statute that makes it unlawful for employers to terminate employees for "lawful" outside-of-work activities. As you may know, Colorado also has some pretty marijuana-friendly laws on the books. Enter Brandon Coats. Brandon has a state license that allows him to...

Medical Marijuana as a Reasonable Accommodation?

Yesterday, I blogged about the Colorado Supreme Court's decision that an employer could terminate an employee for medical marijuana use despite a state statute forbidding employment termination for "lawful" off-duty conduct. The decision did not specifically address whether off-duty medical...