In Medical Marijuana, Inc. et al v. Horn, 604 U.S. ___ (2025), the Supreme Court of the United States (SCOTUS) engaged in a lively statutory interpretation debate over the reach of the civil provisions of the Racketeer...more
4/21/2025
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Damages ,
Employment Litigation ,
False Advertising ,
Manufacturers ,
Marijuana ,
Medical Marijuana Inc et al v Horn ,
Plant Based Products ,
RICO ,
SCOTUS ,
Statutory Interpretation ,
THC
On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more
6/6/2023
/ Cannabis Products ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
New Jersey ,
Recreational Use ,
State Labor Laws ,
Workplace Safety
On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more
Seyfarth Synopsis: Employers are grappling with the wave of marijuana laws sweeping the nation, some of which provide very employee-friendly protections....more
Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more
9/14/2018
/ Anti-Discrimination Policies ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
On March 9, 2018, the Massachusetts Cannabis Control Commission (“CCC”) filed its much anticipated recreational marijuana Regulations with the Massachusetts Secretary of State. ...more
4/3/2018
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employee Rights ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New Regulations ,
Popular ,
Regulatory Oversight ,
State and Local Government
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...more
3/6/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
UPS ,
Zero Tolerance Policies
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....more
Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more
7/19/2017
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Disability ,
Disability Discrimination ,
Discrimination ,
Drug Testing ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Zero Tolerance Policies
Seyfarth Synopsis: Massachusetts has voted to legalize the recreational use of marijuana. For employers that want to maintain drug-free workplaces, the new marijuana law raises a number of questions regarding employer rights...more