By Anthony Califano & Timothy Buckley
Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the employee faces an uphill battle, the case presents a challenge to the commonly-held view that the ADA does not support
Continue Reading A Potential P[l]ot Twist for Medical Marijuana and the ADA
By Anthony Califano, Ariel D. Cudkowicz, John Ayers-Mann, and Frederick T. Smith
Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users.
The Judge who penned the decision began his analysis by quoting a 1967 lyric from
Continue Reading Refusal To Hire Medical Pot Users Just Got Riskier–At Least In Rhode Island
By Caitlyn Crisp and Michael Cross
Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in the workplace may turn out to be a buzzkill.
When can an employer drug
Continue Reading Marijuana at Work: Testing of (and for) Mary Jane
In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was off-duty and prescribed under Colorado’s Medical Marijuana Amendment. Coats v. Dish Network, LLC, 2015 CO 44 (2015).
Brandon Coats
Continue Reading Colorado Supreme Court Upholds Firing For Medical Marijuana Use