Joshua Bauchner, chair of the Cannabis, Hemp and Psychedelics Practice Group of Mandelbaum Barrett, P.C., discusses the intricacies of medical cannabis use and its legal implications. While some states provide protections for medical cannabis users, federal law does not, limiting the scope of the Americans with Disabilities Act (ADA).
The inconsistency between state and federal laws creates additional challenges for both employers and employees. The discussion further explored the potential impacts of DEA rescheduling or descheduling cannabis, including possible changes to ADA protections and tax implications for cannabis businesses. Ultimately, prioritizing the passage of the Safe Banking Act and amending Section 280E of the IRS code were identified as more effective solutions for addressing industry challenges.