Category Archives: Medical Marijuana

Federal Law Preempts State Law Regarding Discrimination Lawsuit Brought by Employee Terminated due to Medical Marijuana Use

In our last two posts related to this issue, we’ve discussed how states have interpreted and applied their own laws regarding medical marijuana use in the context of employment discrimination lawsuits when faced with opposing federal law under the Federal Controlled Substances Act. In Noffsinger v. SSC Niantic Operating Company LLC, 2017 WL 3401260, the Connecticut Supreme Court held that any person who used marijuana for medicinal purposes in compliance with Connecticut law may maintain a cause of action against an employer who refused…

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State Law Wins (Again) Over Federal Law When Firing Someone for the Legal Use of Medical Marijuana

We recently discussed Noffsinger v. SSC Niantic Operating Company LLC, 2017 WL 3401260, wherein the Connecticut Supreme Court analyzed whether federal law precluded enforcement of a Connecticut law that prohibited employers from firing or refusing to hire someone who used marijuana for medicinal purposes. The Connecticut Supreme Court held that any person who used marijuana for medicinal purposes in compliance with Connecticut law may maintain a cause of action against an employer who refused to employ them for this reason. The issue continues to…

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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.…

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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…

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