Smoky Horizons: A synopsis of employment, environmental, and litigation challenges facing the cannabis industry

Christopher Strunk | Gordon Rees Scully Mansukhani LLP

Christopher Strunk is a partner with 26 years of experience representing clients in litigation and disputes, with particular expertise in environmental issues and toxic tort claims. He has represented clients in the industrial hemp and cannabis sector since 2014, assisting companies in complying with state environmental laws, managing downstream risk, and defending them in high-stakes product liability litigation. Christopher is nationally recognized for his work on the environmental issues facing the cannabis industry, including litigation risks, state regulations, and agency enforcement. He has previously served as vice chair of programming for the American Bar Association’s TIPS Cannabis Law Committee, and has served on the Defense Research Institute’s Cannabis Law Conference Committee for the past 7 years. He co-authored one of the first law review articles every published on environmental issues in cannabis, and his nationally published work has been featured in the Defense Research Institute’s The Voice and in the American Bar Association Environmental Law Section’s The Year in Review 2018. In 2018, DataBird Research Journal named Chris one of “250 Cannabis Law Experts.” In addition, he is a member of the National Cannabis Bar Association and the San Francisco Bar Association’s Cannabis Law Section.

Sarah N. Turner | Gordon Rees Scully Mansukhani LLP

Sarah Turner is an active partner with the Employment/Labor and ERISA practice groups and one of the national leaders of the Firm’s Cannabis, Hemp & CBD practice group. She represents clients in Washington and Oregon and is a Co-Managing Partner of the firm’s Seattle office.

Sarah’s Employment and Labor practice focuses on employers and includes a hybrid of counseling and litigation. She is an experienced litigator who has represented and defended employers in matters involving claims for wrongful discharge, discrimination, harassment, retaliation, privacy, defamation, ADA, leave and benefits, breach of contract, violation of non-competition and non-solicitation agreements, and wage and hour. She practices in both Washington and Oregon’s state and federal trial and appellate courts, and her practice includes arbitrations before American Arbitration Association and Judicial Arbitration and Mediation Services. Sarah also has experience representing clients before federal and state agencies including the National Labors Relations Board, Equal Employment Opportunity Commission, Department of Labor, Department of Health, Washington’s Labor & Industries, Washington’s Human Rights Commission, Employee Security Department, Seattle Office of Civil Rights, Oregon’s Bureau of Labor and Industries, and other state and local administrative agencies.

In addition to litigating employment disputes, she provides employers with guidance and recommendations on a broad range of workplace issues including, discipline and termination of employees; wage and hour requirements; addressing reasonable accommodation and disability issue; and union-related issues from handling grievances to traditional labor disputes involving unfair labor practices and federal preemption issues. Her counseling practice also includes advising employers on their requirements under the Affordable Care Act and ERISA-related issues, including reviewing benefit summary plan descriptions; drafting employment contracts, severance agreements, employee handbooks, and drug and alcohol policies and testing (with a focus on cannabis in the workplace).

She remains active in the firm’s COVID-19 response team where during the pandemic she provided counseling, guidance, trainings, and drafting of workplace policies on employer’s response to the pandemic, remote working, coronavirus federal legislation, and respective state orders. She is currently assisting employers navigate to other workplace models including remote and hybrid work, and flexible schedules.

Sarah, one of the national leaders of the firm’s Cannabis, Hemp, and CBD practice groups, is active in educating attorneys, employers, and others affected by the legalization of cannabis. This includes providing guidance on state regulations, laws affecting the employer’s workplace drug policies, and drafting drug and alcohol policies and testing guidelines. She also represents businesses and individuals in cannabis-related employment matters, and contract and partnership disputes.

Sarah is committed to educating on employment and cannabis-related issues and she often is presenting nationwide or writing on these topics. She has presented live and on webinars for Strafford Publication, Federal Bar, Washington State Bar, National Business Institute, Federated Insurance, and organizations nationwide. Her writings are published in Law360, Employee Relations Law Journal, Washington Defense Trial Lawyers Defense News, AMEC- Media and Entertainment Counsel, DRI ERISA Report, and National Business Institute.

Stacy L. Moon | Gordon Rees Scully Mansukhani LLP

Stacy L. Moon is Managing Partner of the Birmingham, Alabama, office of GRSM and is a member of the Commercial Litigation practice group, as well as Employment Law, Construction Law, Professional Liability, and Cannabis, Hemp & CBD practice groups. Stacy is an AV-rated attorney, with more than 20 years of primarily defense litigation, including commercial, construction, employment litigation, and professional liability defense. She has litigated a number of commercial disputes, including issues between Contract Manufacturers and Original Equipment Manufacturers and obligations among parties for defense and indemnification. Her construction litigation experience has generally focused on construction defect and prompt pay act issues. She has a great deal of experience in responding to administrative agencies and litigating discrimination claims. She focuses on the best outcome for her clients as defined by the client, whether creative and effective negotiation or litigating to and through trial and appeals.

I. Employment | 1:00pm – 1:30pm

• Conflict between federal and state employment laws regarding cannabis and “best practices” for employers to address cannabis issues in the workplace, including sensible drug testing practices

II. Environmental | 1:30pm – 2:00pm

• Broad based discussion of cannabis-related environmental concerns, including water rights, liability for cleanup under CERCLA, energy and sustainability, odor and air violations, and state regulatory compliance

Break | 2:00pm – 2:10pm

III. Litigation Risks | 2:10pm – 2:40pm

• Emerging risks to the cannabis industry, including product liability claims, Civil RICO and nuisance, intellectual property claims, and class actions

IV. Hemp Regulatory | 2:40pm – 3:10pm

• Issues facing the “legal” hemp industry, including FDA rules on CBD use in food products and supplements, crop and product testing requirements, regulated labs, and state hemp regimes