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By judgemaryc3242561, Nov 13 2016 05:02PM

This past 2016 election has doubled the number of recreational marijuana states to 8 and brought the total count of medical marijuana states to 28 along with D.C. excluding those 16 medical marijuana states that have limited CBD oil laws. Marijuana possession has been decriminalized in 21 states and D.C. Decriminalization means that even though a state may not have a law that permits possession or use, possession of marijuana may not face an arrest, jail time, or a criminal record for the possession of small amounts. Instead they will treat the offense like a minor traffic or civil violation or a petty offense or low level misdemeanor.

By judgemaryc3242561, Oct 28 2016 01:57AM

As of October, 2016 there were 25 states plus D.C., Guam, and Puerto Rico who have medical marijuana laws on the books with several more states poised to join them in 2017.. Ohio, along with Pennsylvania was one of two new medical marijuana states in 2016. Ohio’s medical marijuana law came about with a twist. It was an initiative that was in midst of collecting signatures when it was halted and supplanted by the passage of a medical marijuana law passed by the state legislature.

Like some other states, the new Ohio law addresses how the use of medical marijuana, albeit legal, is not acceptable in the workplace. It resolves most employment issues in favor of the employer. It states that an employer is not required to accommodate medical marijuana users and may refuse to hire, may terminate employment, discipline, and create and enforce drug testing policies of their choice. Employers also have “just cause,” for purposes of unemployment and workers compensation. The employee is not entitled to receive workers’ compensation if the employee was under the influence of marijuana at the time of injury and the use of marijuana was the proximate cause of that injury.

The Connecticut medical marijuana law which went into effect in 2012 was also passed by their state legislature. In stark contrast, the Connecticut medical marijuana law protects employees in the workplace no employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person’s or employee’s status as a qualifying patient or primary caregiver. The only favorable position for the employer is that “ nothing… shall restrict an employer’s ability to prohibit the use of intoxicating substances during work hours or restrict an employer’s ability to discipline an employee for being under the influence of intoxicating substances during work hours.”

By judgemaryc3242561, Oct 17 2016 02:00PM

Along with those states that failed to qualify for a ballot measure this election cycle and will probably be back, the next wave of states that seem ripe for recreational marijuana laws are those states that already have in place medical marijuana laws and have decriminalized possession. Don’t be surprised to see the following states with measures on the ballot over the next couple of years: Connecticut; Delaware; Illinois; Maryland, Montana; New York; Rhode Island;and Vermont. Perhaps at some point in the future all of the U.S. will have medical and recreational marijuana laws which would be in keeping with our neighbor to the north. Canada unlike the U.S. will soon have uniform marijuana laws.

By judgemaryc3242561, Oct 16 2016 02:00PM

While North Dakota is seeking a new medical marijuana law, Montana is tweaking their existing medical marijuana law. The North Dakota Compassionate Care Act, or Initiated Statutory Measure 5, will set up a system of nonprofit “compassion centers” to make medical cannabis available to people with a long list of qualifying conditions. It will also allow patients to grow up to 8 plants if they live more than 40 miles from a “compassion center.” The polling data from 2014 had support for medical marijuana at 47%, with 41% opposed. “I-182 renames the Montana Marijuana Act to the Montana Medical Marijuana Act and amends the Act. I-182 allows a single treating physician to certify medical marijuana for a patient diagnosed with chronic pain and includes post-traumatic stress disorder (PTSD) as a “debilitating medical condition” for which a physician may certify medical marijuana.” There doesn't appear to be any recent polling on the initiative's prospects.

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Judge Mary Celeste