Jinouth Vasquez

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The New Jersey Court of Appeals revived a funeral director’s medical marijuana discrimination suit in Wild v. Carriage Funeral Holdings, Inc., Case No. A-3072-17T3. There, the funeral director was involved in a workplace accident. The director told the hospital that he was authorized to use medical marijuana. The employer fired the funeral director. The funeral director’s supervisor told him it was because of his medical marijuana use but the employer stated that the director…
What a year it’s been in legalizing cannabis—from conservative states legalizing medical marijuana—to city ordinances imposing cannabis requirements. Changes in Cannabis laws are definitely creating a buzz for SF and Utah employers. Background Checks SF. San Francisco, known for its forward progress in the cannabis space, has done it again. Effective October 1, 2018, employers are prohibited from “inquiring about, requiring disclosure of, or basing employment decisions on convictions for decriminalized behavior, including the non-commercial…
Michigan becomes the tenth state to legalize cannabis on a recreational level, and Missouri and Utah now join thirty-one other states who have legalized medical marijuana. But what’s next and how will this affect employers? Here is a quick summary of some of the major issues employers may face now that cannabis is legal in Michigan, Missouri, and Utah. Michigan. Employers can rejoice in that the recreational bill leaves their right to refuse to hire…
Just two years ago, North Dakota voters passed medical marijuana legalization with 64 percent support. Now, North Dakota could join a number of sanctuary states legalizing recreational marijuana. Through an effort called Legalize ND, proponents of recreational marijuana submitted more than the required 13,452 valid petition signatures to get a measure on the November 2018 general election ballot. If passed, the measure would legalize the cultivation, possession, use, and distribution of marijuana and authorize…
As previously reported, Oklahoma’s medical marijuana laws dictate that an employer cannot discriminate against a person in hiring or termination, or otherwise penalize a person due to the person’s status as a medical marijuana holder or as a result of a positive drug test. So now that Oklahoma has gone green and created such limitations on employers, how will that impact employer drug testing policies? To put it bluntly, nothing in the new law…
Going in to this election, the possession and use of medical marijuana was illegal in Oklahoma. However, arguments against cannabis legalization have now gone up in smoke. The Oklahoma voters have spoken by enacting State Question (SQ) 788, which now makes it legal to grow, sell, and use marijuana for medicinal purposes. Under the law, adults with a medical marijuana license would be authorized to, among other things, possess up to three ounces of…
Can employers deny employment to people who use cannabis under a medical prescription authorized by state law? In more and more states, the answer is now “No.” Changes in cannabis laws are creating a new haze for employers. What follows is a quick summary citing some (not all) states that now require employers to think twice before denying employment to individuals because they tested positive for the use of marijuana that they are ingesting for…
In October 2017, Green Solution Retail, Inc., a cannabis retailer, petitioned the U.S. Supreme Court (SCOTUS) to review a decision which held that the Anti-Injunction Act and Declaratory Judgment Act barred Green Solution’s request to enjoin the IRS from enforcing § 280E of the Internal Revenue Code.…
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…