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Monthly Archives: December 2015

Is An Employee In MA Protected For Using Medical Marijuana?

Is An Employee In Massachusetts Protected For Using Marijuana?
The landscape of marijuana tolerance in the United States is no doubt changing. This includes those who advocate for the medicinal use of cannabis and those who are willing to tolerate its recreational use. We question, Is an employee in MA protected for using medical marijuana?

Currently there exist 23 different states that have passed some form of medicinal marijuana use law, not including the District of Columbia and the seven states where legislation is currently pending. That means an astonishing 30 states, or 60%, could have legislation legalizing the medicinal use of marijuana. Of the 23 states that currently allow for medicinal marijuana use, 4 states plus the District of Columbia have passed legislation allowing for the recreational use of marijuana.

While Massachusetts has not gone as far as to allow for recreational use of marijuana, they are 1 of 19 states which has decriminalized certain possession laws for small amounts of marijuana. In addition to its liberal views of marijuana, Massachusetts is also happens to be one of the most civil rights minded states, being one of the first states to implement anti-discrimination laws in education (1855), public accommodations and employment (1944).

So as one of the more lenient states in the country in their opinion of marijuana and their history of being pioneers in the fight against discrimination one could easily assume that Massachusetts would allow for the use of medicinal marijuana as a reasonable accommodation for those employees who are lawfully prescribed cannabis for treatment of serious and chronic disabilities, however that is likely not the case. Unfortunately that is an issue which has yet to be decided in Massachusetts.

Colorado was one of the first […]

By |December 21st, 2015|Uncategorized|0 Comments|

Should I hire an Attorney if I am charged with an OUI/DUI?

Should I hire an Attorney if I am charged with an OUI/DUI?

If you have been arrested or charged with Operating Under the Influence (OUI) or what many states commonly refer to as Driving Under the Influence (DUI) then you are already discovering the complicated procedures to get your license back.  If you have been charged then your license has already been suspended. It is important to hire an attorney to represent you if you have been charged with either an OUI for drugs or alcohol due to the consequences on your license and potential for jail time. An experienced attorney can help you navigate the complex laws that can prevent you from getting your license back. In many cases if your license was suspended for refusing a breath test the only way to get your license back before the 6 month minimum loss of license is to have your case dismissed or be found not guilty.

If you are going to proceed in your case by having a trial, it is always in your best interest to be represented by an attorney that knows the rules of evidence, the trial procedures, and the best way to defend against these charges. An experienced attorney will also be able to look at the evidence against you and determine what motions need to be filed on your behalf. For example, to admit the results of a breath test against you at trial certain procedures needed to have been adhered to, and an attorney can look at the evidence and see if the proper procedures were followed. If the procedures were not followed your Attorney can file motions to prevent the results of your breath test from being used […]

Cohen Cleary, P.C.

Cohen Cleary, P.C.