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Category: Marijuana

Marijuana is Legal in Massachusetts . . . Now What

On Tuesday, Massachusetts residents legalized marijuana for recreational purposes. How does this effect your relationship with your employees and what steps should you be taking in the near future? First, the statute includes an employment provision which provides that: "This chapter shall not require an employer to permit or...
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Maine Passes Recreational Marijuana Statute—What Does This Mean for Employers

While still up for debate (as of the time of the writing of this blog), most news outlets and agencies in Maine are reporting that Question 1 on yesterday's ballot has passed—therefore providing for recreational use of marijuana in Maine. What does this mean for employers? That is the...
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Dude, I Think He’s High…Can I Fire Him?

Oftentimes clients ask, "When we think an employee is high, can we fire him?" My answer is consistently the same, "That depends." It depends on a whole host of factors, what state do you live in, what industry do you work in, why do you think he's high, but...
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Tractor Supply Co. Plowing New Terrain in Medical Marijuana Law

Last week, the United States District Court for the District of New Mexico issued a memorandum and order granting Tractor Supply Company's Motion to Dismiss in Garcia v. Tractor Supply Co . The Plaintiff, Rojerio Garcia, suffers from HIV/AIDS and was using medical marijuana under the Lynn and Erin...
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Holi-daze: SHRM's Legal Marijuana Survey

Dear reader, the powers that be at Blog HQ have decreed that all posts between now and next Friday adhere to a holiday theme . So while you're celebrating with seasonally appropriate herbs , consider the results of the survey from the Society for Human Resource Management concerning employer...
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Employer Successfully Parses the Haze in the Land of Enchantment

Recently, New Mexico employer Presbyterian Healthcare Services successfully defended a claim of disability discrimination after terminating a Physician's Assistant who tested positive for medical marijuana. The case, Smith v. Presbyterian Healthcare Services , involved a Physician Assistant, Donna Smith, who through a staffing agency, Advantage Locum, applied for and...
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