Benjamin P. Sheppard of Norris McLaughlin. Courtesy photo A Reefer Remand: Sending Smoke Signals to NJ's Highest Court for Novel Cannabis Law Questions
The judicial landscape, at both the state and federal levels, is tasked with determining the existence of a private cause of action under each state's medical cannabis statute. This determination hinges on whether the statute delegates enforcement responsibilities to a governmental entity, or if it lacks an independent mechanism for addressing employer violations.
May 08, 2024 at 12:19 PM
7 minute read
Special Sections
In 2023, the U.S. witnessed a significant trend: 8.3 million Americans became registered medical cannabis cardholders, while approximately 17% of the population engaged in cannabis use. This upward trajectory in cannabis consumption has prompted a legislative response from several states aimed at safeguarding the employment rights of individuals who use cannabis, whether for medical or recreational purposes. The underlying challenge is the enduring detectability of THC—the psychoactive element in cannabis—which can linger in the body for up to 30 days post-consumption, potentially leading to adverse employment consequences for individuals who are not impaired at work.
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