Adult Use / Recreational

According to a report from the Congressional Research Service (the Report), the Drug Enforcement Administration (DEA) is likely to follow the Department of Health and Human Services (HHS) and the Food and Drug Administration’s (FDA) recommendation to move marijuana from Schedule I to Schedule III under the Controlled Substances Act

Continue Reading DEA Likely to Reschedule Marijuana Based on Congressional Report

On August 8, 2023, Ohio voters defeated a proposed amendment to the state’s Constitution that would have required at least 60% of the vote on any citizen-initiated proposal to amend the Constitution, otherwise known as Issue 1. Since 1912, the Ohio Constitution has required only a majority of the vote

Continue Reading All Eyes on Ohio’s Adult-Use Marijuana Measure Post Issue 1 Defeat

A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that the legal burden shifts and requires the accused to produce evidence that

Continue Reading Hemp in Your Suitcase Can Get You Convicted of Trafficking in Marijuana

While the Ohio Legislature’s May 3, 2023, deadline to put forth adult-use legislation to avoid a ballot initiative went up in smoke, Ohioans have continued pushing forward in their attempt to legalize adult-use cannabis. And, perhaps reading the tea leaves, a bipartisan bill was just introduced in the Ohio House

Continue Reading The Long and Winding Road to Adult-Use Cannabis in Ohio: An Update

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with Disabilities Act.

Many of us are familiar with CBD products. In some states, they can be found

Continue Reading CBD & The Workplace, A Word to The Wise

While States Continue to Regulate Employers’ Right to Refuse to Hire, Discipline, or Terminate Employees Based on Their On- and Off-Duty Marijuana Use, Some Legal Tools Remain for Maintaining Drug-Free Employees and Workplaces.
Continue Reading Use of Cannabis by Workers in Safety-Sensitive Positions

The increasing number of states legalizing marijuana for both recreational and medical use raises critical questions regarding if and how insurance coverage should be made available with respect to auto or other general property and casualty insurance claims involving damages or injuries that occur when a person is under the influence of marijuana.
Continue Reading Ohio Appellate Decision Tackles Excluded Coverage For Marijuana Use

Exciting news for New Yorkers came on March 28, 2023, when the Second Circuit Court of Appeals entered an Order in the Variscite NY One case, lifting the injunction that prevented the Office of Cannabis Management (OCM) from issuing Conditional Adult-Use Retail Dispensary (CAURD) licenses in several New York State


Continue Reading Court Lifts Injunction on NY Cannabis Licenses, Clearing Path for More Dispensaries

Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to “occupational quantities of whole and ground cannabis,” according to an Occupational Safety and Health Administration (OSHA) hazard letter issued in June 2022.  Under a settlement agreement with OSHA, Trulieve agreed to study the potential hazards of ground marijuana dust.
Continue Reading Employers Subject to Workplace Safety Laws Despite Marijuana’s Illegal Status

As Ohio’s medicinal marijuana industry grows and the public’s attitude towards marijuana continues to improve, various organizations and lawmakers have begun to lay the groundwork to – at long last – legalize adult use cannabis in Ohio in 2023. 
Continue Reading The Times They Are A-Changin’: Ohio May Legalize Adult Use Marijuana in 2023