Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the patchwork of state drug-testing laws – that oftentimes conflict with federal law – as well as the proliferation of legal THC-containing products derived from hemp.
Continue Reading The End of Zero-Tolerance Drug Policies
On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative Session are “further regulat[ing] the sale of Delta 8 and Delta 9” and “stop[ping]
Continue Reading Texas Politicians Take Aim at Hemp-Derived THC
The recent proliferation of intoxicating hemp products containing “hemp-derived” THC in Massachusetts restaurants, liquor stores, and convenience shops has sparked a debate among state officials.
Continue Reading “Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze
Participants in the federally legal hemp industry are already required to navigate a complex web of federal and state laws. However, in light of changes that have occurred and will continue to occur throughout 2024, hemp businesses must be prepared to pivot on a moment’s notice throughout the coming months.
Continue Reading Hemp Industry 2024: State and Federal Changes
Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal standpoint.
Following the passage of the 2018 Farm Bill, the marketplace for “alternative” or “minor” cannabinoids – chemical compounds
Continue Reading Is THCA Legal? The State Line is the Bottom Line
Marijuana is currently listed as a Schedule I substance in the Controlled Substances Act (CSA); this scheduling means the federal government concluded marijuana has no currently accepted medical use in any setting. This could change as the Biden Administration evaluates marijuana’s current legal status, potentially opening the door to rescheduling
Continue Reading Rescheduling Marijuana: Understanding the Legal Impacts
New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses.
Continue Reading NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
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
This is the second installment in a three-part series exploring issues in cannabis and bankruptcy. In this episode, we’ll dive into bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.
Continue Reading Podcast: Cannabis and Bankruptcy, Ep. 2: Considerations for Businesses
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