Compliance Stuff

Takeaways The New Jersey Appellate Division in Sanders held that the state’s cannabis statute allows an aggrieved individual to bring a private lawsuit in a court of law. Employers should ensure their current practices and policies are compliant with the law’s anti-discrimination provisions, which prohibit taking an adverse employment action against an employee or refusing to hire an individual because of their use or non-use of cannabis. Until the New Jersey Appellate Division’s decision in Sanders v. The Levari Group, d/b/a First Choice Freezer [MS1] , No.  A-2715-23 (May 26, 2026), it was unclear whether an individual could bring a private lawsuit alleging discrimination in violation of the state’s cannabis law, the Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (CREAMMA). The Appellate Division recently held that individuals who allege to have suffered adverse employment actions because of their use of cannabis could bring a claim of violation of C...

You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1 . In addition to changing the measurement of allowable THC levels, HB46 adds qualifying health conditions, authorizes more dispensaries, and expands permissible cannabis products (like lotions and some vapes). This means Texas employers will likely see an uptick in employee cannabis use and accommodation requests . Notably, the new law does not provide employment protections – but there are some key risks to note. So, now is a good time to review and potentially revise your drug testing and accommodation policies to ensure you’re ready for the changes and understand the legal risks . Here’s what you need to know about the Texas Compassionate-Use Program and four things you should consider doing before September 1. Quick Download for Employers The upcoming revisions to the Texas Compassionate-U...

  Although cannabis remains illegal under federal law, that has not prevented the Occupational Safety and Health Administration (OSHA) from enforcing the Occupational Safety and Health Act (OSH Act) against cannabis-related businesses . Indeed, on July 18, 2024, OSHA’s Englewood and Denver area offices implemented a   Local Emphasis Program   (LEP) aimed “to reduce the incidence of serious health and physical injury or death from hazards associated with cannabis processing, growing, cultivating and product manufacturing facilities.” Quick Hits OSHA area offices in Denver and Englewood, Colorado, recently implemented a Local Emphasis Program (LEP) focused on nonretail cannabis-related businesses, where the offices noted that employees are exposed to numerous hazards. Under the LEP, OSHA has obtained, or will obtain, a list of establishments subject to inspection from several Colorado state agencies. Once inspections begin, the LEP directs those inspections be “comprehensi...