LexisNexis® Legal Newsroom
AAO 212(h) Hardship Victory; Mexico; Drug Conviction

"The favorable factors in the applicant's case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession of marijuana, and, as attested to by numerous...

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...

State Net Capitol Journal – September 1, 2014; States Easing Way For Crowdfunding

Budget & Taxes Budget & Taxes STATES EASING WAY FOR CROWDFUNDING: Over the past three years, a dozen states have enacted laws or regulations allowing startups to raise investment capital through crowdfunding without having to go through all the regulatory hoops companies with shareholders...

BIA on Marijuana: Matter of Dominguez-Rodriguez

Official Headnote: For purposes of section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2012), the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana” calls for a circumstance-specific inquiry...

SJC Upholds Eviction Of Section 8 Tenant For Marijuana Criminal Activity

Court Side-Steps Whether Sec. 8 Tenant Can Be Evicted For Possession of Under 1 Oz. of Marijuana In the first of what should be many cases dealing with marijuana use in rental housing, the SJC has ruled that a Section 8 tenant could be evicted for an undetermined amount of marijuana combined with...

State Net Capitol Journal: Minimum Wage, Marijuana, Gambling And Guns Dominate Ballot Measures

By Korey Clark A total of 136 measures have qualified for states' November ballots, according to the National Conference of State Legislatures' Ballot Measures Database. That number is 23 percent lower than it was in 2012, when there were 176 measures on state ballots; 42 percent lower than...

Declarations: The Coverage Opinions Interview With Doug Banfelder of Premier Dispensary Insurance – Getting Into the Weeds On Insuring the Marijuana Industry

A few months back there was an article in The Wall Street Journal called “The Pot Industry Puts On A Tie.” The story was about how, with marijuana now being legalized in more places, those involved (including some that were previously operating in the black market) need to confront a variety...

National and State-by-State Workers' Comp News Powered by Larson's (1/19/2015)

President Obama Signs Six-Year Extension of TRIA . President Obama Unveils Plan for Family Leave, Sick Days for Workers . Liberty Mutual 2014 Workplace Safety Index Lists Top 10 Causes of Workplace Injuries . NIOSH Examines Increased Risks of Birth Defects From Workplace Exposures . No Smoke...

Ohio: Employee Who Tests Positive for Metabolites Entitled to Benefits Unless Marijuana Use Proximately Caused Accident

Unless an employee’s drug use was the proximate cause of his work-connected injury, he was entitled to workers’ compensation benefits in spite of his violation of a workplace rule by having marijuana metabolites in his system at the workplace [see Ohio Rev. Code Ann. § 4123.54(A)(2)...

Going to Pot: How to Lose Fire Insurance Coverage

Members of the public think that the covenant of good faith and fair dealing only applies to the insurer and the insured can do whatever they want and hide important information from the insurer to avoid increased premium or loss of coverage. In Michigan endorsements added to homeowners policies require...

marijuana warning sign

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently accepted medical use (at least according to the United...

Workplace Policies on Medical Marijuana: Some Guidance on the Complex, Chameleon-like Legal and Medical Issues Involved

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. How risky would it be if your mailroom employees used medical marijuana at work? Would your...

Regardless of State Laws, the Use of Marijuana Remains Unlawful Under Federal Law

by Kyle Abraham On June 15, 2015, the Colorado Supreme Court issued its much-anticipated decision in Coats v. Dish Network, LLC [an enhanced version of this opinion is available to lexis.com subscribers] . This case is an important reminder that the use of marijuana remains unlawful under federal...

Legal Marijuana Remains Off-Limits in the Workplace

It is likely that when Ohioans go the polls this November, we will have the opportunity to vote on whether to amend our state constitution to permit for the medicinal and recreational use of marijuana . Meanwhile, Cleveland.com reports that business groups are concerned over certain language in the proposed...

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...

marijuana Stop sign

Texas: Truck Driver’s Estate Fails to Rebut Marijuana Intoxication Presumption

A Texas appellate court affirmed a trial court’s decision that a truck driver’s death in a vehicular accident did not arise out of and in the course of the employment where an autopsy report revealed the presence of THC, the active ingredient in marijuana, in the driver’s blood and...

CA5 on Marijuana Personal Use Exception: Flores Esquivel v. Lynch

"In this appeal, we reject the Board of Immigration Appeals’s (BIA) interpretation of the statute it administers and vacate the BIA decision under review. We do so because the plain language of the relevant statute clearly contradicts the interpretation that the BIA would give it. Under...

State Net Capitol Journal: Ohio Attorney General Sues Toledo Over Pot Law

Ohio Attorney General Mike DeWine (R) has filed a lawsuit challenging parts of a new voter-approved marijuana ordinance in the city of Toledo because he says they contradict with state law and will encourage crime. The city’s “Sensible Marihuana Ordinance,” which was approved last month...

No Coverage Owed to Landlord for Tenant’s Marijuana Growing Operation

Tapas: Small Dishes of Insurance Coverage News & Notes A New York Federal Court held in United Specialty Insurance Co. v. Barry Inn Realty, Inc., No. 14-4892 (S.D.N.Y. Sept. 8, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that no coverage was...

Applicant Shot at Illegal Marijuana Growing Business Suffered Compensable Injury: Cal. Comp. Cases December Advanced Postings (12/16/2015)

Here’s the latest batch of advanced postings for the December 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Christine Baker, Director of Department...

The Top 10 Bizarre Workers’ Compensation Cases for 2015

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation of truly bizarre workers’ compensation cases...

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution...

Texas: Deceased Worker’s Family Successfully Rebuts Marijuana Intoxication Presumption

Where lay witnesses testified that the decedent had the “normal” use of his mental and physical facilities on the day of an employee’s fatal accident, a jury could reasonably find that the deceased employee’s beneficiary had sufficiently rebutted the presumption of intoxication...