With more states legally permitting marijuana for medical and recreational purposes, the legal arena is ripe with newly considered issues.  These legal matters may be based on outdated policies, the intersection between federal and state law and other novel concepts.  Mediation can allow parties to reach their own agreement and not have to rely on a court with rules that may lag behind reality or may be unpredictable when considering new legal topics.

Licensing of Dispensaries

Entrepreneurs, dispensaries and local governments may be in conflict regarding whether a dispensary can be incorporated into an existing zone.  The parties may come to an agreement regarding what type of requirements the dispensary must meet as well as what types of goods can be produced or sold to the public.

Marijuana Screening

Parties may disagree about whether to consider medical marijuana when completing drug screening.  This topic may arise in the probation, child dependency/neglect, employment or other areas.  Some groups may be convinced to terminate zero-tolerance policies that do not penalize individuals who use medical marijuana or recreational marijuana where legally permitted.  Complications may arise when employees use cannabis off the job site but test positive during a screening on the job.

ADA Considerations

Disabled employees have the right to a reasonable accommodation to help them complete their jobs so long as the accommodation does not cause an undue hardship on the employer.  Employers and employees may work together to determine what cannabis-related accommodations may be made.

Housing Matters

Parties may be in conflict regarding leases and rental properties concerning marijuana usage.  These leases may include language that prohibits any type of smoking, whether that is tobacco, marijuana or vaping.  Parties may be able to discuss making exceptions to these policies, especially if usage is for a medical purpose.