Schulze Law

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  • Updated Top Cannabis Questions

    Updated Top Cannabis Questions

    It’s been an exciting time in the cannabis world over the past few years. The legalization of medical and recreational marijuana has been expanding more and more around the country. In Massachusetts, cannabis was legalized in November 2016 and the much anticipated opening of recreational pot shops launched 2 years later on November 20th and the sales have been tremendous!

    The first commercial cannabis shops in Massachusetts sold more than $2.2 million worth of marijuana products during the first five days they were open for business. The stores in Northampton and Leicester began operations on Nov. 20 and combined sold $440,000 worth of cannabis that day. The busiest day so far was Friday after Thanksgiving when the stores reported nearly $480,000 in gross sales. Sales hit $2.6 million in sales during the second week of sales, according to figures released by the state’s Cannabis Control Commission. Data also shows that since Massachusetts’ recreational marijuana market launched there have been just over $4.8 million in sales at the two stores that were allowed to open, Boston.com reported.

    Clearly, the cannabis industry has taken off as proven by the sales and increase in popularity. There is becoming less stigma and more acceptance as cannabis seems to be taking the world by storm. The regulations and laws surrounding cannabis are obviously changing and shifting as well. At Schulze Law, we’re staying on top of the latest news and updating you with current rules and regulations to keep you informed and safe.

    Today, we’re updating the blog with commonly asked questions and the most updated laws in Massachusetts so you can safely and legally know what is happening in the cannabis community. Please let us know if you have any questions you would like answered!

    Q: How does Massachusetts tax marijuana?

    A: Massachusetts taxes marijuana sales at a combined 17 percent rate, and cities and towns can command a local sales tax of up to 3 percent. The 17 percent state tax is comprised of a sales tax of 6.25 percent and an excise tax of 10.75 percent. Medical marijuana remains tax-free.

    Q: How much money will Massachusetts bring in?

    A: The Massachusetts Department of Revenue has estimated that the state could collect anywhere between $44 million and $82 million in marijuana tax revenue in the fiscal year of 2019, which began this past July. DOR Commissioner Christopher Harding, said his department expects that the marijuana industry could bring in between $93 million and $172 million in the 2020 fiscal year, which begins next July. That suggests the state is forecasting up to $1 billion in overall retail pot sales in coming years.

    Q: Where does the tax money go?

    The money from the 6.25 percent sales tax on marijuana goes into the state’s general fund, pooled and spent however lawmakers choose just like other sales tax revenue. However, it works a little differently for the 10.75 percent excise tax. Revenue from the excise tax — as well as non-tax revenue, like business application and licensing fees — goes to a newly created Marijuana Revenue Fund, where it is first used to cover the operating expenses of the Cannabis Control Commission, the regulatory agency that governs and oversees the state’s marijuana industry. According to the CCC, those efforts include public awareness campaigns; public and behavioral health, including “evidence based” substance abuse prevention and treatment, as well as local grants for youth education; public safety; municipal police training; and the state’s existing Prevention and Wellness Trust Fund.

    Q: How much marijuana is legal to possess?

    A: You can have up to 1 oz on you and up to 10 oz in your home. You can grow up to 6 plants in your home, and up to 12 plants for 2 or more adults. If you have more than 1 oz of marijuana in your home, it has to be locked up. We recommend keeping any amount locked away if you have kids or pets to keep safe.

    Q: What does Massachusetts law say about driving and marijuana, now that it’s legal in the state?

    A: Driving under the influence of cannabis is still strictly prohibited. Driving while under the influence of marijuana is illegal and remains punishable under the same state laws against getting behind the wheel after drinking alcohol or taking other drugs. Like alcohol, you can’t have an open container of any form of marijuana in the passenger area of your car while on the road or at a place where the public has access. It must be stored in a closed container in your trunk or a locked glove compartment.

    Q: How old do you have to be to buy recreational marijuana?

    A: Marijuana is illegal for anyone under 21. But, Massachusetts residents as young as 18 (or even younger, under special permissions) are eligible to register as patients in the state’s medical marijuana program. Generally, if you can’t legally drink a beer, you can’t legally buy marijuana. When entering a dispensary, the dispensaries are legally required to check the identification of customers for proof of their age, so bring a driver’s license, passport, or other valid form of ID. Medical patients who are under 21 will also have to bring their medical marijuana card to be allowed inside at dispensaries that sell both adult-use and medical marijuana. You won’t be able to get in the door without showing proof of age.

    Q: Can you purchase marijuana if you are not a Massachusetts resident?

    A: There’s nothing that says out-of-staters can’t buy recreational marijuana in Massachusetts.

    But…

    Q: Can you travel across state borders with marijuana?

    A: No. Federal law prohibits people from taking the drug across state lines — even over the border to Vermont, where adult marijuana possession is also legal.

    Q: What and how much can you buy?

    A: Retail shops can’t sell more than one ounce of marijuana flower or five grams of concentrate to a person in a single purchase. One ounce is also the maximum amount of flower individuals are legally allowed to have on them in public, though you can possess up to 10 ounces at home. The five-gram limit on sales also stands for edibles and other cannabis-infused products (eight grams of concentrate is the rough equivalent of one ounce of flower). There are also dosage limitations on the sales of edibles. A single serving cannot have more than 5 milligrams of tetrahydrocannabinol, or THC, the primary psychoactive in marijuana that gets you high.

    Q: Can dispensaries sell medical and recreational marijuana?

    A: Yes, dispensaries can sell both adult-use and medical marijuana — which, at least initially, will be almost all of them — are also required to provide distinct areas for recreational and medical sales, separated by at least a temporary physical barrier. There must also be separate lines for adult-use and medical sales (though medical marijuana card holders are still allowed to use either line).

    Q: Can I pay cash or card at dispensaries?

    A: Some medical dispensaries currently accept debit cards. Eventually they plan to do so the same for recreational sales. For now the safest advice is to bring cash.

    Q: Can you consume cannabis in public?

    A: At this point in time, legal cannabis consumption is limited to private residences only. It is still illegal to consume in public. This includes public transportation, parks, schools, sidewalks and more. Please use discretion. Also, if you have roommates or a landlord who doesn’t want you smoking there, you might be out of luck. Landlords can place restrictions on whether you can smoke in your home, just like they can with cigarettes.

    Q: What’s the deal with federal law?

    A: Although Massachusetts allows medical and recreational marijuana, the federal government does not. This makes things a bit tricky. Call or email us with any questions.

    Q: What do I do if I get too high?

    There’s little doctors can do to reverse the effects of cannabis. Breathe, relax, and try not to make any life-altering decisions. It’s possible to be uncomfortably high (and therefore extremely anxious), one cannot physically “overdose” on cannabis — the drug isn’t acutely toxic.

    For more information about the regulations that govern what you can and can’t do, how much you can grow and have, and when and where it’s okay to use, visit the Cannabis Control Commission or call Schulze Law.

    Also- more and more states are moving to clear marijuana misdemeanor convictions. While some states are introducing bills that seek to release prisoners convicted of certain types of marijuana crimes. If you have any questions about marijuana convictions or charges, we can help.

    CALL NOW: 857-300-5300
    Emergency After Hours Number: 800-894-9267 XLAW1 (5291)

    https://www.mass.gov/

    https://www.bostonglobe.com/

    https://www.boston.com/

    https://www.leafly.com/

  • How To Protect Yourself From An Attack or Assault

    How To Protect Yourself From An Attack or Assault

    At Schulze Law, we frequently remind people how life can change at a moment’s notice. Often times there is no warning of a potentially life changing event. There are a million ways your life can be impacted and any given moment. One of these ways is being attacked. Would you be able to defend yourself and your loved ones if someone were to attack you? It’s impossible to know for certain. It’s a question most of us don’t want to consider, but unfortunately, violence does exist. What is possible, is taking the proper safety precautions, learning self defense techniques and having an awareness on basic ways to protect yourself. Let’s take a look on ways to protect yourself from an attacker.

    It can take a seasoned criminal less than seven seconds to size you up.

    According to the Women’s Self-Defense Institute, only 10 percent of self-defense is actually physical. The rest of your defense mechanisms are being aware of your surroundings and taking preventive measures. Learn how to fight an attacker before they strike and how to react if things really do get physical in order to best keep yourself safe.

    It is not your fault if you have been the victim of an attack or an assault. It is important to remember that an attack is a crime and you do not have to deal with this alone. The team at Schulze Law can help.

    What is considered an attack/assault?

    According to the National Center for Victims of Crime, an assault is a physical attack or a threat that causes fear of an attack. Victims of assault may be attacked by one or more people. An assault may include one or more types of harm, such as pushing, shoving, slapping, punching, or kicking. It may also include the use of weapons like knives, sticks, bottles, or bats. Common injuries from an assault include bruises, black eyes, cuts, scratches, and broken bones. Victims may even be killed during an assault. Even if the attack results in no physical injury to the victim, it still can be considered an assault.

    There are many laws used to classify different kinds of assault. The classification can be based on injury, weapons used, or other circumstances of the crime. It can happen to anyone.

    If you are a victim of assault, you might:

    • Be shocked, angry, or afraid.
    • Feel helpless because you could not prevent the assault.
    • Have nightmares or flashbacks about the assault.
    • Want to hurt the attacker(s).
    • Think that you did something to cause the attack.
    • Feel embarrassed about telling your family and friends.
    • Feel any or all of the above, whether you were physically injured or not.

    Every type of attack/assault is different. It requires you to use a combination of common sense and street smarts. A combination of avoidance, awareness and prevention is the best! For a predator to attack you, they need three things: intent, means, and opportunity. Denying them any one of those three things makes it virtually impossible for them to attack.

     How To Prevent an Attack

    Steps to avoid or prevent an attack are relatively simple, and in the majority of situations it doesn’t require physical self defense. If you follow some guidelines, the chance you’ll ever be attacked significantly decreases. Prevention is the always the best self-defense. Attackers, whatever their objectives, are looking for unsuspecting and vulnerable targets.

    1. Be a hard target

    Attackers look for insecure, distracted and unsuspecting people. Don’t give off this vibe. Be confident, aware and pay attention. Just having a presence may intimate a potential attacker.

    1. Avoid dangerous places and people

    Do not knowingly put yourself in harm’s way. Avoid areas that a known for being rough and where people are up to no good.

    1. Be aware of your surroundings

    Pay attention and trust your gut!

    1. Use a buddy system

    Criminals are smart enough to recognize that their chances of successfully overpowering a victim one-on-one are better than if they choose a two-to-one situation. Targeting more than one person means criminals are more likely to be identified, and less likely to be in control. Estimates show traveling with one additional person decreases the likelihood of being targeted by 70%, and with two additional people, 90%.

    1. Stick to populated and well lit areas

    The more populated an area is, the less likely an attack will occur. Walk and park in areas that are under streetlights, or away from shadowy, dark places.

    1. Keep belongings secure. Avoid wearing flashy jewelry or handling money

    To avoid unwanted attention, don’t broadcast that you have valuable items in your possession. A criminal will weigh the risk of apprehension with the benefit of the crime. If they see there’s a large payout, the more likely an attacker will be to take that risk.

    1. Keep your cell phone easily accessible and charged

    Keep your cell phone handy to make emergency calls, but don’t let it become a distraction that keeps you from being attentive and aware to your surroundings.

    1. Avoid distractions

    Put away distractions and focus on getting from point A to point B without being targeted. Although the high tech world we live in makes it easy to get distracted, avoid the temptations.

    1. Communicate plans to friends and family

    Let people know where you are so if anything happens, they can act fast to help.

    1. Don’t look like a tourist and command a presence

    Tourists are an easy target. Even if you are one, don’t act like it. Be confident in your behavior.

    1. Let them have it

    Sometimes, it’s just not worth the risk. If an attacker wants money or one of your belongings, don’t risk being hurt or injured over it. Physical possessions can be replaced. Lives can’t.

    1. Stay sober

    The use of intoxicating substances lowers inhibitions and impairs judgment, which is a dangerous combination in the wrong place and in the company of the wrong people.

    What To Do If It Gets Physical

    1. Draw attention to yourself

    This is the best way to scare off a criminal, as they will be afraid of getting recognized or caught. Do what you can to draw attention to the situation by screaming, yelling, waving arms, etc.

    1. Use any accessible weapons

    Pull out any potential weapons you have on you. Potential weapons include pepper spray, pocket knives, keys, or heavy objects like textbooks, umbrella, pen, cell phone, or even hairspray. Keys can especially do a lot of damage. If an attacker comes at you, scratch his face or jab at his eyes with the keys.

    1. Aim for weak points

    When fighting off an attacker, go for vulnerable points like eyes, throat, and knees. If they attack you from behind, stomp on the top of his foot. You should hit the groin last, as your attacker expects you’ll go there first.

    1. Use your elbow

    Your elbow is way more effective than your fists. Make sure to bend your knees, twist your hips, and put your whole body into it as you swing your hooked elbow across their jaw.

    1. Always call the police

    Once you have made it to safety, it’s important to notify the police of what happened. This may help save the lives of other potential victims. Describe the attacker’s physical appearance, location, gender, and style of dress to the police to help them track the person down as soon as possible.

    Take-Aways from FunctionalDefense.org

    • Avoid dangerous places.
    • Be a bad target.
    • Be aware of your surroundings.
    • Watch out for warning signs and pre-attack indicators.
    • Maintain a safe distance from potential threats and places they may wait.
    • Create layers of security for your home.
    • Escape to safety when you feel threatened.
    • Evade a threat when you can’t completely escape.
    • Use the “Back off!” command to dominate the situation if a threat gets close.
    • Comply: Give in to an argument or give up your money if it will prevent physical violence.
    • Never go anywhere with a predator. Never give him privacy and time with you or your family.
    • If a threat is closing in, pre-position for your attack. Become the predator, and the predator becomes the victim.

    The law protects your right to defend yourself, your property and others from attack. If you have been assaulted or if you are charged with an offence after attempting to defend yourself or someone else, you should consult Schulze Law as soon as possible.

    http://victimsofcrime.org/

    http://www.functionalselfdefense.org/

    https://lifehacker.com/

    https://www.wikihow.com/

  • What To Do After A Concussion

    What To Do After A Concussion

    Concussions are serious injuries that can be even more serious if you don’t get the time and rest needed to heal them completely. Many injuries suffered after an accident are visible to the naked eye – a broken bone, a laceration or a bruise – making them easier to treat an diagnose. But less visible injuries, such as concussions, are no less dangerous. Concussions and traumatic brain injuries have been a hot topic and more awareness is being brought the dangers and long term effects. We tend to associate concussions with football and for a good reason, but concussions can happen in many other ways. It’s a great time to learn more about the brain health issue that can affect any of us at any time, no matter our age, gender or athletic ability. Medical professionals, high school officials, parents, coaches, and student athletes  are working together to bring more awareness to concussions. At Schulze Law, we want to help inform and educate you as well.

    Concussion victims should take their recovery seriously. If you were injured through no fault of your own, please call Schulze Law today.

    What is a Concussion?

    Traumatic brain injury (TBI), also known as a concussion or closed head injury, is a major public health concern.  According to the CDC, a concussion is a type of traumatic brain injury—or TBI—caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. Generally, our skulls provide excellent protection to our brains. And spinal fluid surrounding the brain acts as a cushion, protecting your brain from slamming into the inside of your skull. But, this sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells. Medical providers may describe a concussion as a “mild” brain injury because concussions are usually not life-threatening. But, the effects of a concussion can be serious and cause long term issues and can be associated with severely dangerous implications.

    What are the Signs and Symptoms of Concussions?

    According to the CDC, most people with a concussion recover well from symptoms experienced at the time of the injury. But for some people, symptoms can last for days, weeks, or longer. In general, recovery may be slower with older adults, young children, and teens. Those who have had a concussion in the past are also at risk of having another one. Some people may also find that it takes longer to recover if they have another concussion. As research has been showing, repeated concussions can cause long term effects.

    Unfortunately, concussion symptoms can vary from person to person and injury to injury so it can be difficult to diagnose. Some symptoms may appear immediately. Others symptoms might not be noticed for days or months after the injury, or until the person goes back to their everyday life. Sometimes, people do not recognize or admit that they are having problems. Others may not understand their problems and how the symptoms they are experiencing impact their daily activities. In the beginning, problems may be overlooked by the person with the concussion, family members, or doctors. People may look fine even though they are acting or feeling differently.

    That said, below are some of the signs and symptoms of a concussion. Please don’t delay seeing a doctor or visiting an emergency room if you suspect a concussion.

    Danger Signs in Adults

    • Headache that gets worse and does not go away.
    • Weakness, numbness or decreased coordination.
    • Repeated vomiting or nausea.
    • Slurred speech.
    • Look very drowsy or cannot wake up.
    • Have one pupil (the black part in the middle of the eye) larger than the other.
    • Have convulsions or seizures.
    • Cannot recognize people or places.
    • Are getting more and more confused, restless, or agitated.
    • Have unusual behavior.
    • Lose consciousness.

    Danger Signs in Children

    • Have any of the danger signs for adults listed above.
    • Will not stop crying and are inconsolable.
    • Will not nurse or eat.

    As a reminder, no concussion looks exactly alike so play it safe an get checked out!

    Concussion Facts

    According to ProtectTheBrain.org:

    • According to CDC estimates, 1.6-3.8 m sports and recreation related concussions occur each year in the U.S.
    • 10% of all contact sport athletes sustain concussions yearly.
    • Brain injuries cause more deaths than any other sports injury. In football, brain injuries account for 65% to 95% of all fatalities. Football injuries associated with the brain occur at the rate of one in every 5.5 games. In any given season, 10% of all college players and 20% of all high school players sustain brain injuries.
    • 87% of professional boxers have sustained a brain injury.
    • 5% of soccer players sustain brain injuries as a result of their sport.
    • The head is involved in more baseball injuries than any other body part. Almost half of the injuries involve a child’s head, face, mouth or eyes.
    • An athlete who sustains concussion is 4-6 times more likely to sustain a second concussion.
    • Effects of concussion are cumulative in athletes who return to play prior to complete recovery.
    • Up to 86% of athletes that suffer a concussion will experience Post-Traumatic Migraine or some other type of headache pain. In fact, recent evidence indicates that presence and severity of headache symptoms may be a very significant indicator of severity of head injury and help guide return to play decisions.
    • 1.5 million Americans suffer from traumatic brain injuries
    • A traumatic brain injury occurs every 15 seconds
    • It’s the number one cause of death in children and young adults
    • Fewer than 1 in 20 will get the facts they need
    • It causes 1.5 times more deaths than AIDS

    Wow…as these facts and stats indicate, concussions are dangerous, common and are to be taken very seriously.

    Common Causes for Concussions

    • Sports Related Injuries
    • Car accidents
    • Commercial truck accidents
    • Bus accidents
    • Bicycle accidents
    • Motorcycle accidents
    • Pedestrian accidents
    • Falls from heights
    • Slips, trips, and falls
    • Getting hit by a falling object
    • Construction accidents
    • Other workplace accidents
    • Assaults

    Steps To Take Post Concussion

    According to the Cleveland Clinic, follow these tips to help decrease your symptoms and speed up recovery:

    1. Identify and avoid your triggers. Any activity that produces or increases symptoms is considered a trigger. It is important for you to know what aggravates your symptoms to speed the recovery process.
    2. Get some sleep. Our brain recovers during sleep. Sleep is even more important when recovering from a concussion. It is common to feel more exhausted from daily activities such as school or homework while recovering from a concussion. If needed, take short naps (30 to 60 minutes) when tired.
    3. Rest your brain. Overstimulating your brain after a head injury will not allow it to rest and recover. Using your brain to think hard, read, study or try to learn new material may be very difficult and may aggravate your condition. Processing new information can be harder for anyone who is concussed. If you have work or studying to do, spread it out and take frequent breaks.
    4. Rest your body. While recovering from a concussion, avoid doing anything that significantly increases your heart rate unless you’ve been cleared by a physician. Light activity, such as walking or riding a stationary bike, may actually help in your recovery, as long as it doesn’t worsen the symptoms.
    5. Be smart. Rest and recover. Returning to sports or other activities too soon after a concussion can worsen symptoms and keep you out of your activities longer.

    Things To Avoid After A Concussion

    1. Excessive physical activity. An increased heart rate may worsen your symptoms.
    2. Strenuous mental activities. Reading, computer work, playing video games, texting and watching TV can overstimulate your brain.
    3. Driving too soon. As a precaution, do not drive for at least 24 hours after a concussive injury. Your reaction time may slow down, increasing the risk of accidents.
    4. Pain relievers. Use caution taking aspirin or anti-inflammatory medications. Theoretically, they may increase your risk of bleeding. They can also mask symptoms, leading to worsening symptoms when the medications wear off.

    Consider Legal Action

    If another negligent party caused an accident that resulted in a concussion, the victim has the right to hold that party responsible for any losses, including medical bills and lost wages. We can help evaluate your situation and determine the best route to take. Depending on the circumstances, you might sue the party at fault and get monetary compensation for your injuries.

    Concussions should not be taken lightly so be sure to get the care and attention you need. By spreading awareness around the dangers of traumatic brain injuries, we can help reduce the frequency and long term side effects. If your concussion is a result of another person’s carelessness, you may have the right to file a lawsuit seeking compensation your losses, including medical bills, costs of therapy and rehabilitation, lost wages, and other costs associated with short and long-term care. It is extremely important to consult Schulze Law to make sure that your rights are protected.

     

    https://www.cdc.gov/

    http://www.protectthebrain.org/

    https://health.clevelandclinic.org/

  • Marijuana and Workplace Drug Testing

    Marijuana and Workplace Drug Testing

    There can be lots of stressors during a job search. You don’t know why you didn’t land an interview, or, if you had an interview, why you didn’t get the job offer. Maybe you’re unsure about how you stack up against the competition even though you know you’d be perfect for an open position. If you’ve been out of work, perhaps your bank balance may be struggling. You have to prepare for answering common interview questions, dry clean that power suit, perfect your job applications, negotiate a salary and much more. Most people can agree that job hunting is one of the most challenging processes and there’s a lot to think about!

    For some, there may be something else to consider. How do you handle a drug screening if you use marijuana? The new developments and changes to the laws over the past few years bring a potentially confusing new twist for many job seekers in states where marijuana is now legal.

    As of Dec. 15, 2016, recreational marijuana is legal in Massachusetts. 1.8 million voters legalized marijuana for recreational use on Nov. 8, 2016, after decriminalizing small amounts in 2008 and legalizing it for medical use in 2012. And now, Massachusetts is about three months away from the beginning of recreational marijuana sales. What does this mean for drug testing and marijuana in the workplace? Be sure to stay connected to Schulze Law for more updates as they evolve and information on how laws and regulations may affect you.

    Here are a few general workplace drug testing facts to get us started. According to Nolo.com, Federal law places minimal limitations on employer drug testing. The federal government does require testing by employers in a few safety-sensitive industries. These industries include transportation, aviation, and contractors with NASA and the Department of Defense. Otherwise, Federal law doesn’t require or prohibit drug tests. Largely, state and local laws determine whether an employer may test employees and applicants for drugs.

    Drug Testing in Massachusetts

    Unlike some other states, Massachusetts has NOT passed laws regulating or restricting an employer’s right to require drug testing. Massachusetts legislation does not address drug testing in private employment. However, Massachusetts does allow three circumstances when an employer can ask an individual to take a drug test. This includes pre-employment, reasonable suspicion, and random testing for safety-sensitive positions.  The restrictions on drug testing come from the courts’ efforts to make sure that employers don’t violate an individual’s privacy rights without good reason. Ultimately, the employer has to have a really good reason, or the employee has to waive his/her expectation of privacy.

    Massachusetts does have a privacy rights statute, Mass. Gen. L. Ch. 214, s. 1B, which protects individuals from unwarranted invasion of their privacy.  This statute potentially complicates an employer’s ability to drug test current employees if the employer isn’t extremely careful.  During the application process (pre-employment), an individual isn’t forced to apply for a job if they are told up front that a positive drug test will disqualify them from employment. They can simply walk away.  So if someone consents to the test, essentially they are waiving their privacy rights. In the case of drug testing current employees, if an employer has a reasonable suspicion that the employee is working under the influence, the employer’s interests in a safe and substance-free work environment has a leg-up over the individual’s privacy rights. That said, the suspicion must be based on actual observation or very specific information. Massachusetts Supreme Court has issued a ruling on random drug testing in private employment. In Webster v. Motorola, the Court found that the validity of an employer’s policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee’s job responsibilities and the employer’s interests.

    Massachusetts law puts very few limits on workplace drug testing, so employees who believe their test was illegal should contact Schulze Law immediately to help navigate the complex process. For example, an employer may run into legal trouble based on who is tested or how the test is conducted. Here are some examples according to Nolo.com:

    1. Disability discrimination. The Americans with Disabilities Act (ACA) protects an applicant or employee who is taking medication for a disability. Some prescribed medications can result in a positive result on a drug test.
    2. Other discrimination claims. An employer who singles out certain groups of employees – for example, by race, age, or gender– for drug testing could face a discrimination claim.
    3. Invasion of privacy. Even an employer that has a legitimate reason to test might violate employee privacy in the way it conducts the test.
    4. Defamation. An employee might have a valid claim for defamation if the employer publicizes a false positive result.

    If you are being asked to take a drug test, we can help you understand your rights.

    Medical Marijuana and Workplace Drug Testing

    Massachusetts Marijuana Laws have been evolving tremendously over the past few years which has had a ripple effect in many areas including workplace drug testing and the ability of employers to take disciplinary action against employees for using marijuana at work.

    On July 17th, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against a former employer for failing to accommodate the employee’s use of medical marijuana. This was a groundbreaking case!

    According to Justia.com, this is the first decision by any state’s highest court to recognize a duty to accommodate medical marijuana users at work. Prior to this case (Massachusetts Supreme Judicial Court’s decision in Barbuto v. Advantage Sales & Marketing, LLC, S) all of the state supreme courts that have addressed the issue have held that employers are NOT required to accommodate an employee’s use of medical marijuana. A huge development!

    The Massachusetts medical marijuana law that was passed in 2012 doesn’t specifically provide employment-related legal protection for marijuana users. But in this case, the Massachusetts Supreme Judicial Court focused on language in the medical marijuana act stating that lawful users can’t be “denied any right or privilege” for such use.

    Under the state’s disability discrimination law, employees have the right to seek a reasonable accommodation. Now, as a result of the act, under Massachusetts law, the use and possession of medically prescribed marijuana by a qualifying patient is as lawful as the use and possession of any other prescribed medication. Marijuana now gets the same rights as other prescription meds.

    The Barbuto decision exemplifies a major change for employers in Massachusetts. As a result of the court’s decision, employers in Massachusetts can’t blatantly reject a request to accommodate medical marijuana users. Now employers must engage in the interactive process, regardless of any drug testing polices.

    However, the Massachusetts court also made it clear that employers don’t have to accommodate on-duty use or impairment in the workplace, even by registered medicinal users. The Court also made note of the illegal status of marijuana under federal law, but found that it does not take precedence over the protections given to employees under state law.

    The court also provided guidance on evaluating requests for accommodation. The court observed that employers may still prohibit employees from coming to work under the influence. Notably, employers are NOT required to accommodate an employee’s recreational use of marijuana.

    According to Chapter 151B and noted by the court, an employer may reject a proposed accommodation if it poses an “undue hardship.” The court then identified circumstances that might substantiate an undue hardship defense:

    • “impair the employee’s performance of her work,”
    •  “pose an unacceptably significant safety risk to the public, the employee, or her fellow employees,” or
    • “violate an employer’s contractual or statutory obligation, and thereby jeopardize its ability to perform its business.”

    Effects on Workplace Drug Testing

    In summary, both the medical marijuana and recreational marijuana laws explicitly state that they do not require employers to accommodate marijuana use in the workplace. Employees will still be expected to adhere to company rules and regulations in the interest of maintaining employee safety, performance and productivity in the workplace.

    At Schulze Law we stay on top of the laws to assist you with understanding your rights. Medical and recreational marijuana involves complex, evolving, and sometimes contradictory laws. We highly recommend contacting our firm to ensure you and your employer are following all applicable laws.

    At Schulze Law, we are ever learning and staying right on top of the very latest in the field so that we can best protect and fight for our clients’ rights. Keep following us for updates on marijuana in the workplace and please contact us with any questions.

    CALL NOW: 857-300-5300 Emergency After Hours Number: 800-894-9267 XLAW1 (5291)

    References:

    https://www.nolo.com/
    https://law.justia.com/

  • 10 Tips For Flying With Pets!

    10 Tips For Flying With Pets!

    Traveling can be both an exciting and a stressful adventure. Add in traveling with a pet and you have another set of factors to take into consideration. As advocates for people and animals alike at Schulze Law, we want to provide you with the best information to keep you and your pets as safe as possible. When it comes to traveling with pets, this may evoke images of tangled leashes, sharp clawing, barks and meows, but it doesn’t necessarily have to be that way. Stress-free (or less stress) animal travel is possible, but it does take thoughtful preparation, research and a some patience.

    The statistics show that flying with pets is common. Travel.org reports over two million pets and other live animals are transported by air every year in the United States. According to a study by AAA and Best Western International, more than half of U.S. pet owners take their cats and dogs with them when they travel.

    The fact that flying with pets is popular, coupled with the recent news of the unfortunate event regarding a sweet French Bulldog on an American Airlines flight, has inspired us to help provide you with helpful tips in the event that pet travel is in your future. In fact, the harrowing statistic according to data from The Department of Transportation is that 24 pets died flying with U.S. carriers last year. 18 were on United flights.

    The reality is there are some dangers, concerns and nuances involved in flying with pets. Can some animals travel safely, either in the cabin or the belly of an aircraft? Sure! But it’s a little more complex issue than many pet owners realize, so a little research and due diligence can be essential in keeping your pet as safe as you can.

    First, please consider whether or not your pet should not be flying at all — ever. The American Humane Association advises: “As a general rule, puppies and kittens, sick animals, animals in heat and frail or pregnant animals should not travel by air.” Furthermore, the ASPCA urges pet owners to think twice about flying their pets on commercial airlines, especially if they plan on checking them in as cargo.

    In addition to compliance with federal regulations and airline company policy, if you’re looking to fly the skies with your canine companion or feline friend and have determined your pet is a good candidate, we’ve got tips to make the trip as smooth as possible.

    If you have any questions regarding the safety of you or your pet while flying, please contact Schulze Law today. Ok, let’s take to skies!

    1. VISIT THE VETERINARIAN

    Make an appointment with your pet’s veterinarian for a check-up and make sure all vaccinations are up to date. Obtain a health certificate from your veterinarian dated within 10 days of departure. For travel outside the continental United States, additional planning and health care requirements may be needed.

    1. CABIN, CARGO, CHECKED?

    The size of your pet will determine the way it flies. If your animal can fit in a carrier under the seat, then it can fly in the cabin for a fee (usually about $100 or $125). If not, you have to check the animal as baggage (when that’s allowed). The fees vary and again, you need to give the airline advance notice and check for specific rules. You may have to consider shipping your pet as air cargo if the other options aren’t available to you. This can be expensive and comes along with the restrictions and drawbacks of checking your pet as baggage. It can be considered the least safe method of pet air transportation as well. Cabin, cargo and checked all come with lots of restrictions and rules to take into account.

    1. BOOK EARLY AND FLY DIRECT

    Most airlines only allow one or two dogs on each flight, so it’s extremely important to book your dog’s ticket ASAP. Don’t buy your ticket until you call the airline and make sure there is a “seat” available for your dog on the flight. When you have confirmed availability for both you and your pet, then proceed to reserve both your seats on the same ticket. Book a non-stop, direct flight whenever you can and try to fly on a weekday when airports are typically less crazy.

    1. PET CARRIER AND GEAR

    Buy a carrier that fits your special pet. Soft-sided carriers are best for carry-on and tend to fit better under the seat, but they’re only permitted in the cabin only. If your pet will be traveling in the cargo hold, buy a hard plastic carrier with holes for ventilation instead. Carriers must be big enough for your dog to stand, turn around, and lie down comfortably. If the carrier does not allow them to do this, the airline will refuse transport. Make sure your pet is wearing a collar and an identification tag. Breakaway collars are best for cats. The collar should also include destination information in case your pet decides to pull an escape artist move.

    1. TAKE A PRACTICE RUN

    Animals who are not accustomed to travel will experience more stress than their other seasoned friends. Think of taking a house cat onto the streets or a suburban dog into the city. You can help your pet out by putting them in their carrier as often as possible for trips around town during the weeks leading up to the main event.

    1. FOOD AND BEVERAGES

    Food and flying isn’t the best combo for your pet. In fact, try to feed them at least four hours in advance from the flight and cut the water back a few hours prior as well. This will help avoid accidents on the flight, and will keep your pet comfy. The nerves might upset their stomach anyway. If they are in the cabin, try to gauge the amount of water to give in order to prevent dehydration but doesn’t cause an accident.

    1. GET THERE EARLY

    Running late for a flight is an extremely stressful situation for anyone. Add in a pet and that’s a recipe for disaster. Arrive at the airport early, but not too early, and be sure to have your dog’s health certificate easily accessible. You can’t check your pet in more than four hours before the flight. Most airlines recommend arriving two hours before your flight when traveling with a pet. Passengers with pets must check-in at the counter!

    1. DON’T POP AN ANTI-ANXIETY

    Well, we won’t judge what you do;) but hold off on the pet valium. According to the American Veterinary Medical Association, in most cases, “dogs should not be given sedatives or tranquilizers prior to flying because they can create respiratory and cardiovascular problems as the dog is exposed to increased altitude pressures. They can also alter the animal’s natural ability to balance and maintain equilibrium, which can be dangerous when the carrier is moved. While sedation is generally not advised, the decision on whether or not to prescribe a tranquilizer for your pet should be made by your veterinarian. If he or she decides that tranquilizers are medically necessary for the trip, indicate the name of the drug taken and the dosage on the dog’s carrier.”

    1. MAKE SURE YOU PACKED A PET SUITCASE

    According to DogJaunt.com, don’t forget to pack these items:

    • Health certificate and medical records
    • Contact information for your vet and an emergency contact at your destination
    • Comb, brush, and flea control products
    • Any medications
    • Spare collar with id tag
    • Pet wipes or grooming products
    • Paper towels and stain remover
    • Enough food and treats for the entire trip
    • Plenty of bottled water
    • Food and water dishes
    • Leash and poop bags
    • Your dog’s favorite toy and blanket
    1. TAKE A LOOOOOOOONG WALK AND HAVE FUN!

    Once you’ve arrived safely, take a walk and enjoy the new sites and sounds. Let the most fun part of the adventure begin!

    See below for a more in depth look at pet travel and the rules and regulations related to individual carriers. And remember to contact Schulze Law with any questions. We probably love your pet almost as much as you do:).

    Federal and state governments impose restrictions on transporting live animals. Please keep in mind that each airline establishes its own company policy and has different rules and regulations for the proper handling of the animals they transport. Some allow small dogs to travel in the aircraft cabin as part of your carry-on luggage allowance, while others will only allow pets to travel in the cargo area. The fees can vary from nothing at all to more than $500. As a shipper or owner you also have a responsibility to take the necessary precautions to ensure the well being of the animal you ship.

    Here are links to more information from the largest domestic carriers:

    Resources:

    http://www.travel.org/

    https://northeast.aaa.com

    https://www.aspca.org/

    https://www.nolo.com/

  • Service Dogs and Emotional Support Animals. What Are The Laws?

    Service Dogs and Emotional Support Animals. What Are The Laws?

    There are countless reasons dogs are known as man’s best friend. Here at Schulze Law we are animal lovers with a huge sweet spot for our beloved team mascot, Brady! Dogs are truly a source of loyalty, friendship and support to their human owner. They are like family and every animal enthusiast understands the special bond, deep connection and unconditional love that exists between a pet and their human. To the animal lovers of the world, it is a relationship we can’t imagine life without.

    Pets bring so much happiness and joy into our lives. They make us smile and laugh, comfort us when we’re sad or sick, and are always there for us no matter what. All these traits and characteristics make dogs the perfect companion and friend. These same attributes also make dogs excellent service and emotional support animals.

    Many people are aware that dogs have a history of providing service to those with sight issues or blindness, and that more and more dogs are being trained to provide support to those suffering from health conditions such as dementia and Alzheimer’s. Dogs are specifically trained to help people who have disabilities, such as visual impairment, hearing impairments, (such as post-traumatic stress disorder), seizure disorder, mobility impairment, and diabetes. But what many people may not realize is just how many services therapy and companion dogs are providing for people with various kinds of disabilities, including both physical and mental in nature.

    According to the Americans with Disabilities Act (ADA), the definition of a Service Animal is any dog which is specifically trained to perform tasks for a disabled individual that they would otherwise have difficulty completing on their own due to disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Many people are surprised to learn there are over a dozen different specializations for Service Dogs. There are Diabetic Alert Dogs, Severe Allergy Alert dogs, Visual Assistance Dogs, Hearing Dogs for the Deaf, Wheelchair Assistance Dogs, Psychiatric Service Dogs, Brace/Mobility Support Dogs, Medical Alert Dogs, Seizure Assistance Dogs and more (https://www.servicedogregistration.org). One thing is clear, dogs are capable of so much!

    Although people love their service dogs and often consider them family members, these animals have special rights in the eyes of the government that extend beyond the nature of a pet. We’re taking a closer look at service and emotional support animals and the laws surrounding them.

    A service animal is protected by the Americans with Disabilities Act and is a dog that fundamentally aids in a disabled person’s daily life. This may include activities such as movement (walking or wheelchair guidance), reminding someone with a mental disability to take his or her medication, navigation for people who are hearing- and visually impaired, calm an individual who suffers from Post-Traumatic Stress Disorder, even dial 911 in the event of an emergency and alerting someone for help by barking when an owner has a seizure.

    Similarly, there are emotional support animals or comfort animals that are beneficial in helping people function in their day to day living.  While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide affection, companionship, relieve loneliness, and sometimes help with conditions such as anxiety, depression, bipolar disorder/mood disorder, panic attacks, fear/phobias, and other psychological and emotional conditions, but do not have special training to perform tasks that assist people with disabilities. An emotional support dog is not required to perform any specific tasks for a disability like service dogs are. Rather they are meant for emotional stability and unconditional love.

    Although service dogs and emotional support animals have similarities, there are some difference and variances in the legalities. For example, according to Mass.gov, under federal and state law, only dogs (and in some cases miniature horses) are recognized as service animals that can accompany people with disabilities in public places. But, there are no restrictions on the species that can be an assistance animal in housing. Therefore, while an animal other than a dog, such as a cat, is not recognized as a service animal, it may still serve as an assistance to a person with a disability in the housing context. Neither service dogs or assistance animals may be restricted by breed, size, or weight.  Generally, municipal ordinances that prohibit specific breeds of dogs may not be applied to service dogs or assistance animals. Similarly, while a housing provider may restrict the breed, size, or type of pet a resident may keep in his or her home, exceptions must be made when the animal is needed due to a disability.

    Information and Laws on Service Dogs

    According to Mass.gov, service dogs are protected under federal law. The Federal law allows for a broader definition of service animals under the Americans with Disabilities Act (ADA). The Massachusetts Service Animal Law limits the definition of service animal to a dog that accompanies an individual with a sensory and or physical disability. Massachusetts law is more limited than the ADA, but public accommodations in Massachusetts must comply with both state and federal law. Both laws obligate state and local governments and any places that are open to the public to permit service animals to accompany people with disabilities anywhere members of the public can go.

    Identification: Service dogs are commonly identified by wearing a service dog vest or tag, letting the public know that it is a service dog. This helps minimize their handlers having to explain everywhere that they go that their dog is a service dog.

    Rules and Public Knowledge: You are NOT allowed to be asked by an owner, manager, or other representative of a business what your disability is that allows you to have a service dog. That information is private and you do not have to disclose it to anyone if you are asked. The only information that may be asked is if it is a service dog, and what tasks the service dog is trained to perform for you. The ADA and Massachusetts law prohibit public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. Under the ADA, your service animal can be excluded from a public accommodation if it poses a direct threat to health and safety.

    Housing: Both the federal Fair Housing Act and Massachusetts law prohibit discrimination in rental housing accommodations against those who use service animals. The law gives the right to live with service dog regardless of any building or residences with a no pet policy. A service dog is not considered a pet and is required for daily life functions and activities. Building managers or landlords may not refuse your service dog and they may not require you to submit any pet deposits or fees for your service dog. In Massachusetts, the housing discrimination law specifically references only dog guides used by people who are blind or deaf. However, the law also requires landlords and other housing entities to make reasonable accommodations to allow those with disabilities to use housing premises. Similarly, hotels fall under the same policy as well. They are not permitted to deny access to you or your service dog and may not charge any extra fees or collect any deposits.

    Flying: ADA law also allows service dogs on airplanes when individuals with service dogs are traveling and they do not have to pay an extra fee to have their service dog by their side.

    Information and Laws on Emotional Support Dogs

    According to The U.S Dog Registry, Under the Fair Housing Amendments Act (FHAA) and the Air Carrier Access Act (ACAA), an individual who meets the proper criteria is entitled to an emotional support dog to assist them with their life. The FHAA protects individuals by allowing their emotional support dog to live with them (even when there are no pet policies in place). The ACAA protects individuals by allowing the emotional support dog to fly with them in the cabin of an airplane (without having to pay any additional fees). Any dog can be an emotional support dog, and emotional support dogs do not have to be professionally-trained.

    Emotional Support Animals are not considered service animals under the ADA or the Massachusetts law regarding service animals. This means a ESAs are not permitted to go anywhere the public can go under the definition of “service animal.” However, places that are open to the public and covered under these laws still have an obligation to consider modifying their policies when necessary to ensure equal access to a person with a disability

    Medical Recommendation: It is required to have a letter from a doctor or mental health professional recommending an emotional support dog for the condition. You may be asked to present this letter by airline staff when flying or by your landlord when renting a home.

    Identification: Emotional support dogs are often identified by wearing an emotional support dog vest or tag, letting the public know that it is an emotional support dog; otherwise, their handlers will find themselves having to explain that their dog is an emotional support dog.

    Housing: The Fair Housing Amendments Act (FHAA) gives individuals the right to live with their emotional support dog regardless of any building or residences with a no-pet policy. Building managers or landlords may not refuse your emotional support dog. You are required to have a current (within the past year) letter from a doctor or mental health professional recommending that you have an emotional support dog for your condition.

    Flying: The Air Carrier Access Act (ACAA) allows emotional support dogs on airplanes when individuals with emotional support dogs are traveling. A written note from a doctor or mental health professional is required by the airlines that is not more than one year old.

    Dogs and service animals are truly incredible and level of care and assistance they can provide is remarkable. Please visit the USA Service Dog Registration site for more information.

    If you have any questions regarding service dogs or emotional support animals, please contact Schulze Law. We can help you understand your rights and protect you for any unfair treatment.

    Resources:

    https://www.servicedogregistration.org/blog/types-of-service-dogs/

    https://www.ada.gov/

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