The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act...more
In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to...more
Minnesota will amend its drug testing law to permit oral fluid testing for drugs, cannabis and alcohol, effective August 1, 2024. The Drug and Alcohol Testing in the Workplace Act (“DATWA”) currently requires employers who...more
The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the...more
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more
5/2/2024
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Drug Testing ,
Employer Liability Issues ,
Hemp ,
Marijuana ,
Medical Marijuana ,
OMB ,
Recreational Use ,
Schedule I Drugs
A recent Iowa court decision highlights the risks to employers who do not strictly comply with all facets of the state’s drug testing law, Iowa Code Section 730.5, which is one of the nation’s most technical drug testing...more
Happy New Year! The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2024. These rates are the annual minimum drug and alcohol random testing rates. The rates...more
The Biden Administration has released a Recovery-Ready Workplace Toolkit: Guidance and Resources for Private and Public Sector Employers. The Toolkit is part of Administration’s efforts to beat the opioid epidemic. It...more
Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of...more
On October 7, 2023, Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding...more
Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two...more
The requirement to maintain a safe workplace often clashes with state and local laws that protect the rights of individuals who use marijuana while off-duty, creating unique challenges for manufacturing employers....more
The U.S. Department of Transportation (DOT) published new regulations in the Federal Register on May 2, 2023 that will allow covered employers to use oral fluid testing for drugs. While the new rules technically become...more
The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites...more
Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who...more
It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated)....more
A Pennsylvania Court held that an employer violated the state Workers’ Compensation Act (WCA) by refusing to reimburse an employee for out-of-pocket medical marijuana expenses related to a workplace injury....more
A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer.
The employer had a drug testing...more
Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for...more
As the final tally of ballots comes in for many electoral races across the country, the outcomes of the various state ballot measures that were also part of the Nov. 8 midterm elections could require changes to employers’...more
Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota....more
The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current...more
Governor Gavin Newsome signed into law September 19, 2022 several measures relating to marijuana, including one that prohibits employment discrimination based on off-duty use of marijuana. The law takes effect on January 1,...more
The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification...more
9/19/2022
/ Cannabis Products ,
Drug Testing ,
Drug-Free Workplace Act ,
Employee Training ,
Federal Contractors ,
Marijuana ,
New Guidance ,
New Jersey ,
Recreational Use ,
Standard Operating Procedures ,
Workplace Safety
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal...more