On July 17, 2017, the Massachusetts Supreme Judicial Court (“SJC”), the highest state court in Massachusetts, held that an employer could be liable for disability discrimination by declining employment based on an individual’s off-duty medical marijuana use. This is a landmark decision, which has major implications for employers with drug testing programs and drug-free workplace policies.
Continue Reading

We recently reported on the inclusion of the Rohrabacher-Farr Amendment in the current Congressional budget deal.  The controversy over whether the Justice Department should be permitted to enforce federal laws in states where marijuana is legal for medical purposes only seemed settled, at least until the Consolidated Appropriations Act of 2017 expires in late September.  Due to the signing statement that President Trump issued when approving the Act, however, we may have blogged too soon.
Continue Reading

The appointment of Jeff Sessions as Attorney General created a great deal of uncertainty in the medical marijuana community.  Sessions has a long history of opposing the legalization of marijuana, whether for medical or recreational purposes.  “Marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws. So yes, we will enforce law in an appropriate way nationwide,” Sessions said in an interview with radio talk show host Hugh Hewitt in March.
Continue Reading

Recently, the San Francisco Chronicle published an interesting story examining two fronts on which labor unions are trying to cash in on the passage of Prop 64 in November 2016, which legalized the sale and personal use of recreational marijuana in California. With its passing, California is poised to become the largest, most lucrative market for marijuana products in the United States (assuming the successes of craft beer and fine wines are fair markers). Nearly six months later, the industry is in its infancy with much to be decided on cannabis’ regulation.
Continue Reading