If an employee uses marijuana off the clock and the employer doesn’t test for marijuana, isn’t it much like the tree falling in the woods?
A recent Wall Street Journal report (“More U.S. Workers Are Testing Positive for Marijuana. Fewer Employers Are Concerned,” July 10, 2026) suggests that is the case, laying out data that
Good news for people who don’t want their airline pilots any higher than they already are.
If you’ve been following the rescheduling saga as closely as I have, you might have assumed that once President Trump signed the executive order directing DEA to move state-licensed medical marijuana and DEA-approved medications to Schedule III, the ripple
In the summer of 2017, Phish lit up Madison Square Garden with a historic 13-night run. Your friends at Budding Trends believe the marijuana rescheduling decision calls for a rollout just as monumental, so we’ve created the Budding Trends Baker’s Dozen as a fitting homage.
Following the federal government’s move to reschedule medical marijuana from
This is the eleventh of 13 posts describing the impacts of marijuana’s rescheduling. An homage to Phish’s historic run at Madison Square Garden in the Summer of 2017, Budding Trends Baker’s Dozen will address how rescheduling affects various areas of the law and our daily lives. Enjoy the run.
On April 22, 2026, Acting Attorney
You want a safe workplace and have adopted a Drug Free Workplace policy. You may even have government contracts that require you to drug test your employees. How does the brave new world of legalized marijuana, medical marijuana, and CBD products fit in? The answer, like many legal questions, depends. However, in Flannery v. Peco
Recently, a divided United States Supreme Court held that a cannabis product manufacturer could face civil liability under the Racketeer Influenced and Corrupt Organizations Act (RICO) if a consumer suffered a personal injury that created a business or property loss to the consumer. Specifically, the Court concluded that an employee could state a claim under
2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in the cannabis industry. Vice President Harris vocally championed marijuana legalization on various platforms, emphasizing its importance for social justice. Meanwhile
And it’s hard to rely on my own
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
S. 4711, the