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

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

With an increasing number of states passing laws to protect employees who utilize marijuana off-duty, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the risk of suffering discrimination, retaliation, and other claims for wrongfully taking adverse action against an employee for their marijuana legal use.
Continue Reading Budding Workplace Marijuana Impairment Laws Put Employers in a Bind

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the (significantly increased) risk of suffering discrimination, retaliation, and other costly claims. With many relevant state laws going into effect throughout the next twelve months, the clock is ticking.
Continue Reading Employers: Clock is Ticking to Update Marijuana Policies

We often look to the federal judiciary as the gold standard of American jurisprudence. However, when it comes to the rapidly evolving cannabis industry, the federal judiciary has been anything but consistent.
Continue Reading To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness