By: Adam R. Young, Jennifer L. Mora, and Frederick T. Smith
Seyfarth Synopsis: President Trump’s December 2025 Executive Order signals a possible shift in federal marijuana policy, but many employers still have a lawful and legitimate basis to prohibit impairment at work. Employers that test for marijuana should continue to monitor legal developments and evolving legal risk.
Continue Reading Marijuana Rescheduling: Should Employers Update Their Drug Testing Policies and Practices?
By Adam R. Young, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.
The U.S. Department of Justice formally published
Continue Reading DOJ Publishes Proposed Rule to Reschedule Cannabis
By Adam R. Young and Craig B. Simonsen
Seyfarth Synopsis: The State of Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with the growing, harvesting, and processing of recreational cannabis (marijuana).
Marijuana is a booming business, in Michigan and nationally. In November 2018
Continue Reading Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program
By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen
Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana.
Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism, safety hazards, and serious industrial
Continue Reading High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year RecordBy Jennifer L. Mora, Adam R. Young, and Robert T. Szyba
Seyfarth Synopsis: New Jersey recently enacted a law permitting personal, nonmedical use of marijuana for individuals age 21 and over. Separate laws decriminalize marijuana and hashish possession and set out the penalties when individuals under age 21 use or possess marijuana or hashish. Although not immediately
Continue Reading New Jersey Recreational Marijuana Law Provides Significant Employment Protections to Marijuana Users
By Eric Janson and Adam R. Young
Seyfarth Synopsis: While the votes continue to be tallied in the Presidential election, one thing is certain – it was a BIG night for cannabis in America with five new states approving ballot measures to legalize recreational or medical marijuana.
With these new laws, nearly 110 million Americans (or over 1/3 of
Continue Reading And the Winner of the 2020 Election Is…Marijuana!
By Jennifer L. Mora, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test that resulted in his
Continue Reading CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products