Author Archives: Adam R. Dolan

State Law Trumps Federal Law When Firing or Refusing to Hire Someone Due to Use of Medical Marijuana

As noted in some of our earlier posts, a growing number of states have allowed marijuana use when it is used for medicinal purposes. This is despite the fact that federal law still classifies marijuana as a Schedule I substance, on par with heroin and cocaine. Because of the growing use of medical marijuana, more and more litigation is arising. In Connecticut, a recent court decision firmly announced that state law trumped federal law when dealing with employment issues related to medical marijuana use.…

Continue Reading....

Medical Marijuana Faces Potential Challenge by the Federal Government

During the last week of June 2017, the House Appropriations Committee released its 2018 Commerce, Justice, Science (CJS) Appropriations bill, which determines the funding levels for numerous federal agencies, including the Department of Justice. Interestingly, the bill did not include language limiting the Justice Department from taking action against state-sanctioned medical cannabis producers, retailers, or consumers. This language is known as the Rohrabacher-Blumenauer amendment. It is interesting because on or about May 1, 2017, the President signed an extension of the Rohrabacher-Farr Amendment (the bill’s…

Continue Reading....

Introduction of CARERS Act Next Step Forward in Medical Marijuana Field

On June 15, 2017, the Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2017 was re-introduced in the U.S. Senate. It was introduced by Senators Kirsten Gillibrand (New York), Cory Booker (New Jersey), Al Franken (Minnesota), and Rand Paul (Kentucky). It was additionally supported by Republican Senators Lisa Murkowski (Alaska) and Senator Mike Lee (Utah). It was previously introduced in March 2015. The CARERS Act is intended to safeguard patients in states with medical cannabis programs and to expand research opportunities. It would…

Continue Reading....