December 1, 2021

Volume XI, Number 335

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November 30, 2021

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November 29, 2021

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Legalization of Marijuana Raises Significant Questions and Issues for Employers

The trend across the nation toward the legalization of marijuana on the state level continues to gain momentum. Twenty-three states and the District of Columbia now have laws permitting the use of medical marijuana. In addition, 11 other states allow “low TCH, high cannabidiol (CBD)” products for medical reasons in limited situations or as a legal defense. Moving the legalization trend even further, the states of Washington and Colorado also have laws permitting the recreational use of marijuana, and legislators in several other states are proposing similar recreational legislation. However, despite the growing trend towards legalization, marijuana remains illegal under federal law. Not only is it illegal, it is classified as a Schedule I drug, which, under federal law, means the worst of the worst. Schedule I drugs are those with a high potential for abuse, severe dependency, and no acceptable medical use. To put it in perspective, other Schedule I drugs include LSD, heroin, GHB, and Ecstasy.

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume IV, Number 344
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About this Author

Jay S. Becker, Giordano Law Firm, Labor & Employment, Cannabis Law, Corporate Labor Relations Employment Law and Litigation
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Jay, chair of the Labor and Employment Practice Area, devotes his practice to labor relations and employment law and litigation on behalf of management. His experience includes conducting trials, hearings, arbitration and mediation sessions; responding to state and federal administrative agency charges; collective bargaining; drafting employment-related corporate documents such as restrictive covenants, employee handbooks, employment agreements, various stock and compensation plans, and separation/severance agreements. He counsels employers on all employee relations issues including, but...

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