By Susan Ryan

Welcome back to The Year In Weed, The Blunt Truth’s annual roundup of cannabis-related stories.  As usual, I’ll adopt Dave Barry’s Year in Review (sadly, no longer available for free) format and look at stories month by month.  Last year, I predicted there would be no federal cannabis legalization, but that perhaps states would legalize. Was

Continue Reading The Year in Weed: 2023 Edition

By Kristina M. Launey 

Seyfarth Synopsis: Prepare for new California workplace legal requirements effective January 1, 2024, now. Seyfarth has you covered with all the ways to protect your workplace just like Kevin McCallister defends his house.

This is your house. You have to defend it. But Seyfarth is here to help you get your business updates in order

Continue Reading We Slept In! Time To Prepare for New 2024 Requirements!

By Adam R. Young and Craig B. Simonsen

Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with the growing, harvesting, and processing of recreational cannabis (marijuana).

Marijuana is a booming business, in Michigan and nationally.  In November 2018

Continue Reading Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen

Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana. 

Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial

Continue Reading High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

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

By Jennifer L. Mora and Frederick T. Smith

Seyfarth Synopsis As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey Constitution to legalize recreational cannabis.

The law allows employers to conduct numerous forms of drug testing for
Continue Reading New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

By Jennifer L. Mora

Seyfarth Synopsis: On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational use. Retail sales are expected to begin as early as December 1, 2022. The new law, which is effective
Continue Reading Rhode Island Legalizes Cannabis for Recreational Use

By Adam R. YoungRobert T. Szyba, Robert S. Whitman, and  Craig B. Simonsen

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).

New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work

By Eric Janson and Adam R. Young

Seyfarth Synopsis: While the votes continue to be tallied in the Presidential election, one thing is certain – it was a BIG night for cannabis in America with five new states approving ballot measures to legalize recreational or medical marijuana. 

With these new laws, nearly 110 million Americans (or over 1/3 of
Continue Reading And the Winner of the 2020 Election Is…Marijuana!

By Jennifer L. Mora and Adam R. Young

Seyfarth Synopsis:  Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. 

In the heyday of the two-martini lunch, employers regularly tolerated alcohol in the workplace or employees presumably impaired by alcohol returning to work.  Over the succeeding decades, employers began to concentrate
Continue Reading Weed at Work: Should Employers Expand “Alcohol at Work” to Cover Recreational Cannabis?