By Adam R. Young, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.
The U.S. Department of Justice formally published
Continue Reading DOJ Publishes Proposed Rule to Reschedule Cannabis
By Elizabeth L. Humphrey and Jennifer L. Mora
Seyfarth Synopsis: Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada Legislature passed a law requiring employers to attempt to make reasonable accommodations for its employees’ use of
Continue Reading Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law
Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
Continue Reading Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users
By Jennifer L. Mora, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test that resulted in his
Continue Reading CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products
By Tonya M. Esposito, Renee B. Appel, and Jonathan Huie
Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally?
As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is getting out of hand. The FDA needs to act.” Since the passage
Continue Reading CBD is Everywhere – But Where Does the FDA Stand?
Seyfarth Synopsis: The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they are approved by the federal Food and Drug Administration (FDA). The move marked the first time the DEA removed any form of cannabis from
Continue Reading The Stoned Age: What the CBD Craze Means for Employers and Their Substance Abuse Policies
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor developments in this evolving area of law.
Although New Mexico has had a medical marijuana law in place since 2007, it did not contain
Continue Reading New Mexico Just Became Employee-Friendly to Medical Marijuana Users
By Jennifer L. Mora and Anthony S. Califano
Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment drug test. The decision, Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Nursing & Rehab.
Continue Reading Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User