When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee to fail a drug test conducted by her employer.
We have a bit more clarity since
The DOOBIE Act – yes, you read that correctly – could soon become law. While the law isn’t as fun as it might sound to certain cannabis enthusiasts, it would substantially change the hiring practices of the federal government and potentially influence rules at the state level.
As reported by Law360:
S. 4711, the
When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v. Airgas USA, LLC, et al. is instructive.
In October 2019, Airgas hired
As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of Section 5 of the FTC Act. Following a 16-month administrative process that drew more than 26,000 public comments, the
The budding cannabis industry, despite its rapid growth and gradual acceptance in recent years, still faces a major sustainability challenge: Cannabis businesses cannot deduct most ordinary business expenses. Under Internal Revenue Code Section 280E, no tax deduction or credit is allowed for amounts paid or incurred in carrying on a business if the business consists
It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a specific condition listed within the law by a medical practitioner. So where does that leave an employer
This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a scientific term, not a legal one.
Although the Controlled Substances Act historically made no distinction between marijuana and hemp
The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care about cannabis issues. Or is it that the Biden administration cares so much about cannabis issues to leave them in the hands of the
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can terminate an employee for a positive drug test for marijuana. What if the test shows marijuana metabolites but you