MEDICAL CANNABIS AND EMPLOYMENT ISSUES: WHAT EMPLOYERS NEED TO KNOW
December 21, 2015 | Bradley KletscherBY: Bradley A. Kletscher In July 2015, medical cannabis became legal in Minnesota for a limited purpose. Under this new law, persons registered under Minnesota’s Medical Marijuana Law (“MMML”) can engage in possession and use of “medical cannabis”. Under MMML, medical cannabis means “any species of the genus cannabis plant, or any mixture or preparation of them delivered in liquid or pill form.” Patients can use a vaporized delivery so long as it does not require leaves. In order to register, a health care practitioner must certify that a patient suffers from a “qualifying medical condition.” After patients receive certification, they have 90 days to submit a patient application for enrollment to the registry program. Patients have to reapply annually within 90 days of the original submission anniversary if they want to keep their use legal. Qualified persons are not allowed to use the medication in any public place, including public transit, school grounds, or while operating types of transportation. Once patients are successfully registered, they receive some protections. Following successful registration, use or possession of medical cannabis is not a state civil or state criminal violation. Employers should be aware that unless a failure to do so would violate federal law or regulations or cause an employer to lose a monetary or…
Read MoreAttorney Dave Schaps Volunteers at Student Mock Arbitration
December 16, 2015 | Barna, Guzy & Steffen, Ltd.On Saturday, December 12, Associate Attorney Dave Schaps performed the role of Arbitrator at the Hamline University’s Center for Public Administration and Leadership graduate level Arbitration class, which was conducted by Professor Craig Waldron. Dave arbitrated the class’s final project, which involved a mock employment grievance dispute between a City and a police officer held in accordance with the terms of a collective bargaining agreement. The class of approximately 25 students came extremely prepared to serve in the various roles of giving witness testimony and conducting direct and cross examination, which contributed greatly to the learning experience in the class. Dave’s role was to conduct and moderate the course of the arbitration, and to deliver a decision at the conclusion of the proceedings. In the end, the decision to administer discipline by the City was sustained, but was reduced from a termination of employment to a one week suspension without pay. The students all appreciated the opportunity to learn through the mock arbitration and Dave Schaps’ guidance as Arbitrator as well as the debriefing after the actual arbitration presentation.
Read MoreSTEP BY STEP GUIDE: Can I Get Criminal Charges Against Me Dismissed?
December 15, 2015 | Adriel B. VillarrealCriminal charges will stay on your record. Getting these charges dismissed is the best way to beat a charge and finally be able to move on with your life. While the obvious choice is to hire a criminal defense attorney to help you beat your charges, there are some vital steps that will need to be taken when a case goes to dismissal. 1. Understand Grounds for Dismissal Dismissal may come from the following: Lack of probable cause Lack of evidence Illegal stop and search Improper filing Lack of key witness Normally, dismissals will only occur before an appeal, but there is a chance that if an appeal is won, all charges will be dismissed. 2. View Your Options As you now understand, there are various reasons that a charge may be dismissed. You’ll need to build your defense based on these reasons. Let’s take an in-depth look at each: Lack of Probable Cause There must be a cause for your arrest. If you were arrested for looking suspicious, this is simply not enough. There always has to be a reason to be arrested. If you were not caught in the act or did not match a witness’ description, you may be able to get a dismissal based on lack of probable cause….
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