Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more
10/27/2023
/ Adverse Employment Action ,
California ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more
1/5/2023
/ Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Failure to Accommodate ,
Marijuana ,
Medical Marijuana ,
Nevada ,
Off-Duty Employees ,
Private Right of Action ,
Reasonable Accommodation ,
State Labor Laws
Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more
10/4/2022
/ California ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
FEHA ,
Labor Reform ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Non-Discrimination Rules ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
The New Jersey Cannabis Regulatory Commission (“the Commission”) on September 9, 2022 issued long-awaited guidance for employers on how to respond when employees are suspected of marijuana impairment. This is the...more
Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more
9/1/2022
/ Adverse Employment Action ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
Nevada ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the Commission) issued long-awaited initial rules implementing the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...more
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
On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021....more
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
On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more
12/22/2020
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
State and Local Government
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
11/25/2019
/ Adverse Employment Action ,
Amended Legislation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana Cultivation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
New Jersey has expanded its medical marijuana program and—for the first time since the state enacted the law—adopted formal protections for employees and job applicants who use what is now called “medical cannabis.” ...more
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
6/20/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws
On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more
4/11/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Conditional Job Offers ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Marijuana ,
State and Local Government
New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products...more
3/22/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Dispensaries ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Prior Conviction ,
Proposed Legislation ,
State and Local Government
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
As has become common in recent years (and despite marijuana’s continued illegality under federal law), citizens in several states voted on marijuana-related measures this election cycle. ...more
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
1/30/2018
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Popular ,
State and Local Government
On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more
7/20/2017
/ Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Zero Tolerance Policies
Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more
In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from...more
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