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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...

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...

2014 Workers’ Compensation Emerging Issues

The new edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis) is a veritable cornucopia of expert analysis, provocative commentary, and a 50 state survey of workers’ compensation legislation in 2014 As with last year’s inaugural edition, the 2014 Larson Series Workers’...

New Mexico: Court Approves Injured Worker’s Use of Medical Marijuana

Where an injured worker who had sustained work-related back injuries unsuccessfully sought “conventional” treatment for pain and discomfort and subsequently turned to the use of medical marijuana, the employer and insurer could be required to pay the cost of such “treatment” as...

California: Self-Procured Medical Marijuana

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant was entitled to reimbursement (as opposed...

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...

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...

National and State-by-State Workers' Comp News Powered by Larson's (5/26/2015)

NCCI Symposium Reports First Responder Bills Top List of 2015 Legislation . NCCI Symposium: Dr. Victor Shares Insights on Physician Dispensing . NCCI Symposium: CWCI Shares Insights on Calif. Medical Dispute Resolution . NCCI Symposium: Moody’s Presents U.S. Macro Outlook . NCCI Symposium...

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...

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...

Colorado Supreme Court Upholds Termination of Medical Marijuana-Smoking Dish Employee

June 15, 2015 No. 13SC394, Coats v. Dish Network In a highly anticipated decision, the Supreme Court of Colorado unanimously held this week that an employer may justifiably terminate an employee for his off-duty conduct, despite the employee’s adherence to state law governing medical marijuana...

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...

Colorado Supreme Court Upholds Employers’ Rights To Fire Employees For Medical Marijuana Use

2015 CO 44; 2015 Colo. LEXIS 520 An employee of DISH Network was discharged after he testified positive for THC during a random drug test. The employee was a quadriplegic confined to a wheelchair and obtained a state-issued license to use medical marijuana to treat painful muscle spasms caused by...

New Mexico: Medical Marijuana Constituted Reasonable and Necessary Medical Care

In its third decision on the issue of requiring an employer and/or insurer to reimburse the injured worker for the cost of medical marijuana provided to an injured worker under New Mexico’s “Compassionate Use Act,” a state appellate court again found the order requiring reimbursement...

Thomas A. Robinson on Prescription Drugs and Workers’ Compensation

Last week LexisNexis published an Emerging Issues Analysis article on prescription drugs and workers’ compensation written by Thomas A. Robinson, the co-author of Larson’s Workers’ Compensation Law . The article examines opioid use, medical marijuana, physician dispensing, generic drugs...

Federal: Federal Court Oks Firing for Use of Medical Marijuana

In a case of first impression in the District of New Mexico, a federal district court held that an employer was under no obligation to accommodate an employee’s use of medical marijuana, even where the drug had been supplied to the employee under New Mexico’s Compassionate Use Act (“CUA”...

Drugs or medical marijuana choice