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Resnick & Louis, P.C. – Attorneys at Law

Resnick & Louis, P.C. was founded in 2012 by Mitchell J. Resnick and Lena M. Louis, both of whom are highly respected attorneys in the legal and business communities, with over 40 years of collective experience. Together they have developed a team of diverse and experienced attorneys who are licensed to represent clients in various jurisdictions.

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Medical marijuana laws present unique challenges to employers

Almost all states will soon have similar laws as to medical marijuana usage, and generally no employee can be fired just for having medical authorization to use marijuana. The Americans with Disabilities Act even prevents employers from asking about it because that would presume the employer is asking about an underlying disability. While it’s still illegal under federal law to possess or use it, there have been more than 60 peer-reviewed studies with an overwhelming majority finding marijuana helpful as palliative care in debilitating diseases or for those with chronic pain. What is an employer to do? Re-write your employee handbook; be vigilant and drug test under the defense of reasonable suspicion. Current Arizona law is typical of many states’ view: unless a failure to test would cause an employer to lose a monetary or licensing-related benefit under law, an employer may not discriminate against a person in hiring, terminating, imposing a condition of employment, or otherwise penalizing a person for having medical marijuana privileges, or producing a positive test for marijuana. Safety-sensitive work in the transportation industry – or any industry – allows the employer to discipline/terminate employees with medical marijuana prescriptions if intoxicated on duty. Regardless of the industry, no employee with a medical marijuana card may use, possess, or be impaired at work. Why should you be concerned/have a policy/conduct reasonable suspicion testing? Because of exposure to the legal risk of negligent hiring or negligent retention claims brought by third persons; and because your medical card employee could challenge you for discrimination if you do not treat every employee the same. The Gig Economy Just Got Giggier On June 7, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two informal guidance documents on independent contractor misclassification and joint employment, which had […]

Legal Fact Check: DEA, CBD & The ABC’s of Controlled Substances

LISTEN TO THIS EPISODE If you follow news about cannabis, you’ve probably noticed the flurry of media activity responding to the DEA announcement about CBD. On December 14, the Federal Registry announced that the DEA revised rules to allow for cannabis extracts, including non-psychotropic cannabidiol (CBD), to be categorized separately from whole plant marijuana with tetrahydrocannabinol (THC) among Schedule 1 Controlled Substances. The news set in motion a chain reaction of concern from industry professionals, medical practitioners and patients who rely upon legal access to CBD for their health. Unfortunately, most of the hysteria passed around in social media was inaccurate. We should be very concerned about the future of marijuana, but not because of the DEA’s announcement. The DEA didn’t make CBD illegal. Hemp cultivation has been illegal since Congress passed the 1937 Tax Stamp Act and marijuana derivatives, including CBD extracts, have been illegal to produce or purchase since 1977 when Congress passed the Controlled Substances Act. What did happen was an administrative change that assigned CBD extracts a new code among Schedule 1 Controlled Substances to distinguish it from marijuana. All forms of cannabis are accounted for and tracked by a single numerical identifier, Code 7360. We covered this at length in a recent article, which you can read here. In today’s show, we take a deeper look into why the DEA announcement was both misleading and irrelevant. Cannabis attorney Tabitha Myers clarifies the legality of the DEA’s announcement, Andrew Hard a media specialist from California discusses the media frenzy and false reports that went viral in social media, and Damaris Higuera, a concerned parent of a severely disabled child, explains how such news impacts families that depend upon legal access to CBD to keep their children alive. Attorney Tabitha Myers specializes in cannabis litigation, transactional and […]