In a companion case to Quincy Clinic Co. v. Palmiter, which we summarized last week, the Pennsylvania Superior Court held that the Medical Marijuana Act (“MMA”) creates a private remedy for violations of § 2103 of the Act, which focuses on protecting employee-patients certified to use medical marijuana from employers who would penalize them for … Read more
This case presented the Pennsylvania Superior Court with an issue of first impression: Whether the Medical Marijuana Act (“MMA”) creates a private remedy for violations of § 2103 of the Act, which focuses on protecting employee-patients certified to use medical marijuana from employers who would penalize them for availing themselves of the benefits conferred by … Read more
The Pennsylvania Supreme Court clarified the interplay of the Right-to-Know Law and the information contained in applications to grow, process, or dispense medical marijuana. Media outlets requested disclosure of medical marijuana business permit applications under the RTKL. The Medical Marijuana Act mandates that the applications are subject to disclosure. But the Department of Health instructed … Read more
The Pennsylvania Commonwealth Court addressed the interplay between an employer’s prohibition on drug use and an employee’s use of marijuana pursuant to a valid prescription. Here, the claimant alerted his employer about the medical marijuana before the drug test, and no evidence suggested that the claimant ingested marijuana immediately before or during his shifts. The … Read more
In Hager v. M&K Construction, the New Jersey Supreme Court considered M&K Construction’s challenges with regard to a workers’ compensation court’s order that M&K reimburse Hager for the ongoing costs of the medical marijuana he was prescribed after sustaining a work-related injury while employed by M&K. The Court affirmed, holding that M&K did not fit … Read more
In 2017, Cease applied for Section 8 housing, disclosing that she used medical marijuana and including a copy of her Pennsylvania Medical Marijuana Identification Card. The Indiana Co. Housing Authority (“Authority”) denied her application because the federal government considers marijuana to be an illegal substance. She appealed, and the trial court affirmed the Authority. She … Read more
The Appellate Division issued a thorough opinion — and thorough rebuke — regarding the process by which the New Jersey Department of Health issued six licenses to grow, process and dispense marijuana as part of the State’s Medicinal Marijuana Program in In re Application for Med. Marijuana Alt. Treatment Ctr. for Pangaea Health & Wellness, … Read more
The PA Supreme Court exercised its King’s Bench authority to consider whether Lebanon County courts and probation departments may prohibit a probationer from using medical marijuana where that probationer otherwise is in compliance with Pennsylvania’s Medical Marijuana Act. Simply put, the Court held that the courts and probation department could not prohibit medical marijuana use … Read more