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Cannabis

Overview
Insights

Overview

As more U.S. states legalize marijuana for medical and recreational use, cannabis is one of the nation’s fastest growing industries. Yet the legal landscape is challenging because, although evolving, federal law still makes possessing, buying, or selling marijuana a federal crime. Varying workplace regulations across the U.S. also force cannabis businesses – including cultivators, processors, distributors, dispensaries, and retailers  – along with more traditional employers to navigate fluid, often disparate laws affecting nearly every facet of the workplace from union organizing to drug testing to established employment laws. 

Drawing on industry experience and the extensive resources of a premier management-side labor and employment law firm, the Fisher Phillips Cannabis Industry Group helps businesses across all sectors navigate this unique legal landscape.

Cannabis Businesses

Employers in the cannabis industry must comply with the same laws governing every other workplace. Our team helps clients across the industry understand and meet complex labor and employment laws and regulations governing their operations. Our prevention and compliance advice reflects our members’ specific industry experience. This knowledge plus the breadth of our litigation experience means we can deftly handle discrimination, retaliation, harassment, and wage and hour employee lawsuits and defend you in local, state, and federal agency charges and investigations.

COMMON QUESTIONS WE HAVE HELPED ANSWER INCLUDE:

COMPLIANCE

Drawing on our experience across the employement law spectrum, our team members routinely provide advice and counsel covering a host of day-to-day compliance questions, such as:

  • What are my workplace drug testing obligations given that I sell, cultivate, and/or distribute cannabis and THC containing products?
  • I am a cannabis cultivator. Are there any unique wage-hour rules for my employees?
  • Do I have to conduct criminal background checks?
  • Can I provide my employees with medical benefits?
  • Can customers tip? How do I pay my budtenders correctly if customers leave tips?
  • My employees have begun union organizing efforts, how can I respond?
  • What is a Labor Peace Agreement?
  • How can I protect my unique processing or cultivation methods from competitors?
  • Do I need an employee handbook?

LEGAL CLAIMS

Our team uses this same breadth of experience to appear in courts or agency workplace investigations on behalf of cannabis industry employers involved in wage-hour, discrimination, harassment, trade secrets, labor organizing, and other workplace claims. Our team has represented cannabis industry employers before the federal Department of Labor (DOL), the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and similar state or municipal enforcement agencies.

Our clients include:

  • Cultivators
  • Multi and single location retailers
  • Dispensaries
  • Distributors
  • Third party staffing
  • Testing and quality control laboratories
  • Brand marketing and packaging
  • Private investors
  • Other supporting industries, such as product extraction and security

Insights

  • News

    06/01/23

    Partner’s Insight Referenced in HR Dive Article on Cannabis Testing

    Alexander A. Wheatley

    Read more 

  • Insights

    05/01/23

    Top Workplace Law Stories You May Have Missed from April 2023

    Cheryl L. Behymer, Amanda M. Blair, Risa B. Boerner, Raeann Burgo, Melissa (Osipoff) Camire, Micah Dawson, Stephen R. Gee, Usama Kahf, Matthew R. Korn, Karen L. Odash, Courtney Leyes, Richard R. Meneghello, Catharine Morisset, Lisa Nagele-Piazza, Raymond W. Perez, Justin Reiter, Marilynn Schuyler, Drew Tate, J. Hagood Tighe, Brett M. Wendt, Alexander A. Wheatley, Jeremy F. Wood, Annie Ziesing, Chad M. Zimlich

    Read more 

  • Insights

    04/20/23

    Does Your State Protect Off-Duty Cannabis Use? 8 Questions for Employers to Consider as You Revamp Your Policies

    Amanda M. Blair, Lisa Nagele-Piazza

    Read more 

  • Insights

    04/13/23

    4 Trends for Cannabis Industry Employers to Track in 2023

    Lisa Nagele-Piazza, Catharine Morisset, Brett M. Wendt, Alexander A. Wheatley

    Read more 

  • Insights

    02/03/23

    Seattle Blazing a Trail for Cannabis Industry Employees: Here’s What Their Employers Need to Know

    Catharine Morisset, Jeremy F. Wood

    Read more 

  • News

    02/02/23

    Seattle Partner Discusses New Cannabis Laws Impacting Contractor Jobsites

    Catharine Morisset

    Read more 

  • News

    12/05/22

    Pittsburgh Post-Gazette Turns to Labor Attorneys for Insight on Cannabis Labor Peace Agreements

    Todd A. Lyon, Alexander A. Wheatley

    Read more 

  • News

    04/29/22

    Co-Chair of Cannabis Taskforce Weighs-in on Compensation Trends for Cannabis Industry Workers

    Catharine Morisset

    Read more 

  • Event

    04/14/22

    The Straight Dope on NJ’s Marijuana Laws and What They Mean for Employers

    Katherine M. DiCicco

    Read more 

  • News

    04/14/22

    Co-Chair of Firm’s Cannabis Taskforce Talks to Law360 About Legalization and Testing in the Workplace

    Brett M. Wendt

    Read more 

View All 

Key Contacts

  1. Catharine Morisset
    Partner

    206.693.5076

    Email
  2. Brett M. Wendt
    Partner

    303.218.3635

    Email
  3. See all 

Cannabis Industry Map 

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