With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow recreational marijuana. When Ohio allowed medical marijuana back in 2016, Ohio employers had to learn …
Growing Union Interest in the Cannabis Growing Business—What Employers Can Do Under the NLRA
The headlines are everywhere. Take The Guardian, for example, which recently published an article titled “Booming US cannabis industry seen as fertile ground for union expansion.” (Michael Sainato, The Guardian, July 31, 2022.) The piece touts the growth in the cannabis industry, noting that the sector grossed between $17.5 billion and $21.3 billion in revenue …
Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for …
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Federal Court Holds Cannabis Businesses are Subject to Federal Wage Laws
In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act (FLSA) despite that cannabis remains federally prohibited as a Schedule 1 controlled substance under the Controlled Substances …
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