Effective July 1, 2023, Maryland became the 21st state to legalize recreational cannabis. Individuals 21 and over may now purchase, possess, and use cannabis products without fear of criminal repercussions in the state. ...more
On January 10, 2023, Lancaster County Court of Common Pleas Judge Jeffrey Wright addressed the question that has been plaguing employers since the passage of the PA Medical Marijuana Act (the “Act”) – what constitutes being...more
As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such...more
President Biden announced new strategies yesterday to combat COVID-19. The President’s plan includes requiring that federal contractors mandate that their employees be vaccinated against COVID-19 and that all private...more
An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding...more
This week, Governor Wolf signed House Bill 1024, allowing certain revisions to the Pennsylvania Medical Marijuana Act (the “Act”). While the revisions do not specifically implicate the workplace, and do not provide guidance...more
The answer to this question is . . . it depends. Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more
On February 22, 2021, New Jersey Governor Phil Murphy signed three bills that legalize the use of cannabis for those over the age of 21, decriminalize possession of less than six ounces of cannabis and establish civil...more
3/1/2021
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Recreational Use ,
State and Local Government
Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more
10/19/2020
/ Adverse Employment Action ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Marijuana ,
Medical Marijuana ,
Private Right of Action ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
Lately, products containing CBD (from beer to skin cream to oils that can be diffused and vaped) seem to be all the rage. Why are CBD products suddenly turning up everywhere (your local Sheetz convenience store for...more
3/6/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Dietary Supplements ,
Drug Testing ,
Employment Policies ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Recreational Use ,
Regulatory Oversight ,
Regulatory Standards ,
Trucking Industry ,
Workplace Safety
Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more
2/10/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Protected Class ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use. Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical...more
7/29/2019
/ Adverse Employment Action ,
Amended Legislation ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Federal Funding ,
Federal v State Law Application ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown.
PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more
7/25/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Labor Relations ,
Marijuana ,
Medical Marijuana ,
Private Right of Action ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
In this video podcast, McNees Wallace & Nurick LLC attorney Denise Elliott provides a proactive approach for employers in regard to the Pennsylvania Medical Marijuana Program....more
At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more
2/26/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Heinz ,
Kraft ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Preemption ,
State and Local Government ,
State Labor Laws
On October 17, the Pennsylvania Senate signed the previously approved House Bill 1840, known as the “Protz Workers’ Compensation Legislative Fix,” which is expected to be signed into law by Governor Tom Wolf within the next...more
Two years ago, when the Pennsylvania Medical Marijuana Act (MMA) passed, we advised employers that the Act contained an express anti-discrimination provision providing that...more
9/17/2018
/ Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
State Labor Laws
Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state...more
It never fails – I tell someone that I am an employment law attorney and they ask “like discrimination and sexual harassment?” I say yes, and they respond, “but sexual harassment isn’t really a thing anymore, is it?”...more
In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace....more
Since the passage of the Medical Marijuana Act (“MMA”), we have received many questions from employers regarding the MMA’s impact on employment law; one of the most frequent questions being – what do I do if an employee tells...more
Pennsylvania’s Medical Marijuana Act (MMA) was signed into law on April 17, 2016 and officially took effect last week. One of the questions we’ve been asked since the passage of the Act is: how will employer provided...more
On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related...more
Enacted in 1915, Pennsylvania’s Workers’ Compensation Act was viewed as a “great compromise,” with both sides giving up important safeguards.
In exchange for medical and economic benefits, employees surrender their right...more
In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the...more