Despite the Pennsylvania Medical Marijuana Act (the “PMMA”), being passed over five (5) years ago, many Pennsylvania employers face uncertainty when addressing employees or applicants who are medical marijuana cardholders. The laws around marijuana are quickly evolving with recent court decisions, and recreational marijuana laws are becoming more common in neighboring states. This article will discuss risk management and the employers’ and the drug testing companies’ role in Pennsylvania wit...
In 2014 New York legalized medical marijuana with passage of the Compassionate Care Act (CCA). This NY state law allows doctors to prescribe marijuana in a non-smokable form to patients with serious ailments that are recognized by the state on a predefined list of conditions. New York is one of twenty-nine states in the U.S. to have legalized marijuana. But, all of the state laws legalizing marijuana are in conflict with current federal law. This article discusses the conflict of the New York la...
7/1/2017| Reference Number : 73.2| Human Resources
, School Bus
, Legislative/Regulatory | Compassionate Care Act
, Drug and Alcohol
, Medical Marijuana
, NY PUB HEALTH § 3361
, NY PUB HEALTH § 3369
, 21 U.S.C. § 811
, 49 CFR 392.4
, Garcia v. Tractor Supply Company
, Curry v. Miller Coors Inc.
, Steele v. Stallion Rockies Ltd. |
Across the nation there are currently 24 states that have legalized marijuana for medicinal purposes. Medicinal marijuana can be used as a treatment for multiple conditions ranging from chronic pain to epilepsy to cancer. But, while many states have legalized medicinal marijuana, individuals using marijuana in compliance with state law are concurrently violating federal laws prohibiting the use of marijuana. Discussion and guidance follows.
On April 17, 2016 Governor Tom Wolf signed the medical marijuana bill (Pennsylvania Senate Bill 3) into law, making Pennsylvania the 24th state in the union to legalize the drug for medicinal purposes. According to the law, there are 17 conditions for which marijuana could be used to treat, ranging from chronic pain to epilepsy to cancer. The law will allow up to 25 growers/processors and up to 150 dispensary locations. Because these new enterprises must go through rigorous steps to establish th...