The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. This means that marijuana would be considered a drug with “moderate to low potential for physical and psychological dependence.”
CBD
DOT Proposes New Guidance For Medical Examiners To Address CBD Use By Commercial Motor Vehicle Drivers
By Kathryn J. Russo on
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022. The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers, in 49 CFR 391.41 through…
Federal Court Dismisses Disability Discrimination Suit Based on Employee’s CBD Use
By Kathryn J. Russo on
A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D. Indiana March 31, 2022).…
Court Dismisses Lawsuit of CBD User Who Tested Positive For Marijuana
By Kathryn J. Russo on
A federal court in Pennsylvania dismissed the legal claims asserted by a former employee who tested positive for marijuana on a random drug test and who attributed the test result to CBD use. Lehenky v. Toshiba America Energy Systems Corporation, No. 20-cv-4573 (E.D. PA. February 22, 2022).
The employee alleged that in 2018, she…
FDA and CDC Issue Warnings Regarding Health Risks of Using Delta-8 THC Products
By Kathryn J. Russo on
The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention issued warnings to the public regarding the potential health risks of using Delta-8 THC products on September 14, 2021.
The FDA’s latest consumer update, 5 Things To Know About Delta-8 Tetrahydrocannabinol – Delta-8 THC, begins with a warning in large red…
FMCSA Issues Reminder To CDL Drivers Regarding Use Of CBD Products
By Kathryn J. Russo on
The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should exercise caution when considering whether to use hemp and cannabidiol (CBD) products. Specifically, the update stated that it is important for all employees…
New Marijuana Laws in New Mexico and Virginia
By Catherine A. Cano on
2021 has brought a flurry of activity surrounding marijuana laws, particularly recreational marijuana use. The number of states approving recreational marijuana continues to grow.
New Mexico
On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed the state’s recreational marijuana bill. The New Mexico recreational marijuana law will take effect in late June 2021.…
Employee’s Request To Revise Drug Policy To Address CBD Use Was Not A Reasonable Accommodation
By Kathryn J. Russo on
A federal court in Tennessee dismissed an employee’s lawsuit in which she claimed that her employer should have changed its drug policy to allow CBD use. Hamric v. City of Murfreesboro, Case No. 3:18-cv-01239 (September 10, 2020).
The City of Murfreesboro hired Hamric as a Cultural Arts Program Specialist in August of 2015. Her job…