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Controlled Substances Act Employment Policies

International Cannabis Bar Association...

[Event] Cannabis Law Institute 2024 - July 25th - 26th, Chicago, IL

The International Cannabis Bar Association (INCBA) is thrilled to announce the highly anticipated Cannabis Law Institute 2024 (CLI 2024), the marquee conference dedicated to advancing legal excellence in the rapidly evolving...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana...more

Miles & Stockbridge P.C.

Where States Stand on Medical Marijuana in the Workplace

A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper on

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Venable LLP on

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Miles & Stockbridge P.C.

What Maryland’s Legalization of Recreational Marijuana Means for Employers

Miles & Stockbridge P.C. on

Maryland voters earlier this month overwhelmingly supported a constitutional amendment to legalize recreational marijuana, joining 19 other states and the District of Columbia. (Missouri also approved legalization of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Voters Pass Proposition to Allow Regulated Use of Psychedelic Mushrooms

On November 8, 2022, voters in Colorado passed a ballot initiative to decriminalize possession of and legalize limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by those 21 years of age...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Locke Lord LLP

Marijuana Criminalization No MORE?

Locke Lord LLP on

In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift...more

Obermayer Rebmann Maxwell & Hippel LLP

States Turn to Greener Pastures: What This Means for Cannabis and the Workplace

Last month, New Jersey joined the budding list of states to legalize recreational cannabis. In fact, as of this post, only three remaining states do not permit either recreational or medical cannabis use (with the federal...more

ArentFox Schiff

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Husch Blackwell LLP

Guidelines For Employers As More States Legalize Marijuana

Husch Blackwell LLP on

As we reported in our recent commentary, voters in five states in the 2020 general election passed initiatives to legalize marijuana usage. As the success of these ballot initiatives suggest, despite marijuana’s...more

Constangy, Brooks, Smith & Prophete, LLP

A history of the decline and rise of the marijuana empire

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

Jackson Lewis P.C.

Navigating State-Authorized Medical, Recreational Marijuana In The Manufacturing Sector

Jackson Lewis P.C. on

The state-sanctioned use of marijuana continues to progress, with 33 states authorizing it for medical purposes and 11 states extending those protections to recreational use. Despite this widespread adoption by the states,...more

Seyfarth Shaw LLP

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

White and Williams LLP

New Jersey Employers Must Pay for Pot

White and Williams LLP on

In a groundbreaking decision, the New Jersey Superior Court decided the outcome of the confusing dispute between federal and state medical marijuana laws when it comes to paying for medical marijuana as a workers’...more

Tucker Arensberg, P.C.

Dazed and Confused: What School Districts Should Know About Legalized Medical Marijuana

Tucker Arensberg, P.C. on

Under Pennsylvania’s Medical Marijuana Act (“MMA”), 35 Pa. C.S.A. §10231.101, et seq., individuals with certain serious medical conditions can apply for a medical marijuana card from the Pennsylvania Department of Health....more

Benesch

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Chartwell Law

Medical Marijuana In Pennsylvania

Chartwell Law on

On Sunday, April 17, 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (commonly referred to as “Senate Bill 3” and referenced herein as “the Act”), into law, thereby making Pennsylvania the 24th state to...more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

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In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

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

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