Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistEmployment LitigationFeaturesLJN Newsletters

Medical Marijuana

By Stephanie Dutchess Trudeau

Here is the latest tip for employers: Do not be too quick to “just say no” to medical marijuana. The answer that “we follow federal law” is not so easy anymore. The “it's a federal crime” escape hatch employers invoked previously has been closed by more and more courts in states with medical marijuana laws. It is a welcome opportunity for employers that were not comfortable making employees choose between keeping their jobs or keeping a medical treatment.

The conflict between federal law outlawing marijuana and state laws legalizing medical marijuana led many employers to believe the safest policy was to prohibit employee use of medical marijuana. Some employers felt they had little choice but to say no. If they allowed it and an employee who used medical marijuana caused injury or harm, the employer's decision not to follow federal law would be questioned as unwise or, worse yet, deemed reason for liability. Some employers assumed that federal law trumped state law. But the landscape has changed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.