On July 2, 2019, Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the formerly known Compassionate Use of Medical Marijuana Act (“CUMMA”) and expands New Jersey’s medical cannabis program.  Employers should pay particular attention to this new development because the Act includes a non-discrimination provision to protect

Although efforts to legalize cannabis for adult recreational use failed to win majority support prior to the end of the legislative session, both the New York State Assembly and New York State Senate have approved a significant decriminalization bill.  The bill, which Governor Andrew Cuomo has said he will sign, generally (1) reduces penalties for

New York State Assembly Majority Leader Crystal Peoples-Stokes announced on Tuesday that she is planning to introduce a bill later this week that would not only legalize adult cannabis use, but would also provide the ability for those previously convicted of low-level cannabis-related offenses to have their criminal records expunged.  Majority Leader Peoples-Stokes’ proposal goes

Since the passage of the New York Compassionate Care Act (“CCA”) in July 2014 and the subsequent launch of the medical cannabis program in January 2016, New York employers have begun facing new legal challenges arising from the decriminalization of medical cannabis.  Specifically, employers need to understand their obligations (if any) to reasonably accommodate medical

Recently, in Wild v. Carriage Funeral Holdings, Inc., Docket No. A-3072-17T3, 2019 WL 1371206 (App. Div. Mar. 27, 2019), the New Jersey Appellate Division reversed the trial court’s dismissal of a discrimination complaint based on the employee’s legal use of medical cannabis under New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”).  In so

As New Jersey remains in a holding pattern, the Empire State has made a revitalized push in the race toward legalization.  In his annual budget address last week, Governor Andrew Cuomo formally unveiled New York State’s plans for a “first-in-nation” comprehensive cannabis regulatory framework. Much like his colleague Governor Phil Murphy, Governor Cuomo is now

The legalization of medical cannabis under New Jersey’s Compassionate Use of Medical Marijuana Act (“CUMMA”), and Governor Phil Murphy’s recent expansion of the program, has created many questions for employers in adapting to the changing legal landscape.  With the impending legalization of the adult use of cannabis on the horizon, employers now more than ever

After waiting months for word on cannabis legalization talks in New Jersey, budgetary committees from both the state Senate and Assembly approved the New Jersey Marijuana Legalization Act (“Act”), thus, paving the way for the New Jersey Legislature to fully vote on the Act. This marks a historic time in New Jersey for those

We have received an unusually high number of inquiries from clients and commentators concerning the patent infringement action filed by United Cannabis Corporation (UCANN) against Pure Hemp Collective Inc. late last month.  (See United Cannabis Corp. v. Pure Hemp Collective Inc., Case No. 1:18-cv-01922-NYW (D.Colo).)  For those not paying attention, the case

In a recent decision, United States v. Gilmore, the U.S. Court of Appeals for the Ninth Circuit reinforced the importance of complying with drug laws for doing business in the Cannabis industry. In Gilmore, hunters provided a tip to local authorities on a cannabis grow site in El Dorado County, California. Upon executing