Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in favor of marijuana users. Yet, more than a decade ago, the California Supreme Court held in Ross v. RagingWire Telecomm., Inc.,

When we all sheltered in place in mid-March, social media accounts everywhere reflexively joked how marijuana use was about to skyrocket like wine consumption and On Demand streaming. True to form, recreational marijuana retailers in LA and several markets in the US where stores remained open saw an immediate spike in sales; there was a

With the spread of COVID-19 fears, states and cities nationwide are in the process of issuing a variety of executive orders and other ordinances shutting down businesses that are considered “non-essential.”  However, what is considered “essential” differs by state and locality.  Across the board, these laws have included healthcare services as “essential.” The question many

As previously reported, the Tenth Circuit created a buzz when it found that cannabis companies need to pay overtime under the FLSA even though marijuana is illegal under Federal law.

Since then, another case has emerged from the “weedwork” in the Northern District of California claiming that cannabis companies owe employees: overtime hours, expense reimbursements,

It is widely known that California’s Governor Gavin Newsom has signed into law (and also rejected) a flurry of bills in recent weeks.  But what has been done in the cannabis space?  So glad you asked, because, indeed, Newsom has signed several bills impacting the cannabis industry, reflecting a focus on encouraging minority participation, encouraging

California’s AB 2069, a bill to require employers to accommodate medical cannabis users, recently failed to advance past committee.

We previously reported that the California legislature was considering AB 2069, the “Medical Cannabis Worker Protections Act,” a bill to amend the Fair Employment and Housing Act to require most employers to engage in the

The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in Indoor Places of Employment.  It is seeking public comments.
Continue Reading Cal/OSHA Drafts Rules for the Marijuana/Cannabis Industry and Heat Illness Prevention in Indoor Places of Employment

The San Francisco District Attorney’s Office has announced that it will retroactively apply Proposition 64, which legalized the possession and recreational use of marijuana in California, to marijuana related misdemeanor and felony convictions dating back to 1975 with immediate effect.  As a result, over 3,000 misdemeanor convictions will be dismissed and sealed, and nearly 5,000 felony convictions will be reviewed and potentially reduced.
Continue Reading San Francisco DA’s Office to Dismiss Thousands of Marijuana Convictions

California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January 2018.

On November 8, 2016, California voters enacted the Adult Use of Marijuana Act. Effective January 1, 2018, adults over the age of 21 can smoke marijuana recreationally. Health & Safety Code § 11362.1(a)(4). Marijuana, meanwhile, will remain legal for medical use by patients who have a physician’s recommendation, under California’s Compassionate Use Act of 1996. Health & Safety Code § 11362.5. So how will the new law affect employers?
Continue Reading Not Up In Smoke: Employers Can Still Enforce Drug Policies

Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems.  Failure to do so will result in a civil penalty or civil lawsuit.

Entrepreneurial Plaintiff’s attorneys have now set their sites on marijuana businesses.  Since January 1, 2017, Plaintiff’s firms have issued approximately 800 violation notice letters to marijuana businesses alleging that producers of cannabis infused edibles and vape cartridge manufacturers failed to warn consumers about specific fungicides and pesticides associated with their products.

California’s Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, requires cannabis business owners to provide customers with warning of the chemicals contained in their products which can cause cancer, birth defects, and other health problems.  Among the substances “known to the state of California” to cause cancer, birth defects and other health problems are marijuana smoke itself, and the chemicals myclobutanil (also a fungicide), carbaryl, and malathion, commonly-used pesticides.
Continue Reading Beware: Marijuana Businesses Targeted With Product Labeling Violation Letters