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Connecticut Legalizes Recreational Marijuana, Will Allow Employers to Continue Prohibiting Recreational Marijuana Use

Connecticut Governor Ned Lamont recently signed Senate Bill 1201, making Connecticut the 19th state to legalize recreational marijuana for adults 21 years or older.  The new law not only requires expungement of certain...more

Recreational Marijuana Use Away from Work Now Protected in New York

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers...more

Off-Duty Recreational Cannabis Use to be Protected in New Jersey

After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing...more

Illinois Legislature Amends Marijuana Law, Bringing Clarity, Relief to Employers with Workplace Drug-Testing Programs

As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by...more

Illinois Poised to Protect Marijuana Users from Adverse Employment Actions as Part of Marijuana Legalization Legislation

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438).  The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make...more

In Oklahoma, Medical use of Marijuana is OK, But Employers Now Have Enhanced Rights to Act

On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create...more

Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense

A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Maine Delays Effective Date of Anti-Discrimination Provisions of Recreational Marijuana Law

On November 8, 2016, Maine voters approved “Question 1”—An Act To Legalize Marijuana (“ALM” or “the Act”). “Emergency” legislation since passed by the Maine legislature and signed by Governor Paul LePage now provides...more

Colorado Supreme Court Upholds Termination of Employee for Medical Marijuana Use

On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use.  In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is...more

Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more

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