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Decriminalization of Marijuana Adverse Employment Action

Roetzel & Andress

Ohio Issue 2 Passes: Analysis of Impact on Schools

Roetzel & Andress on

With the passage of Issue 2 in the November 7, 2023, general election, a new chapter of the Ohio Revised Code will be created: Chapter 3780, Adult Use Cannabis Control. While the new law in Ohio authorizes what is referred to...more

Roetzel & Andress

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Roetzel & Andress on

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

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

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

Lerch, Early & Brewer on

DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Cole Schotz

Recent Case Highlights Risks for New Jersey Employers When Terminating Employees for Cannabis Use

Cole Schotz on

On April 25, 2023, in Henson v. Daimler Truck North America LLC, Civil Case No. 22-cv-6479 (RBK/MJS), United States District Judge Robert B. Kugler ruled that the wrongful termination suit filed by an employee who was fired...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...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

Polsinelli

District of Columbia Provides Employment Protections for Off-Duty Cannabis Use

Polsinelli on

On June 7, 2022, the D.C. Council approved a bill that limits an employer’s ability to test for cannabis.  Under the Cannabis Employment Protections Amendment Act, most D.C. employers may not fire, fail to hire, or take other...more

Morgan Lewis

Washington, DC, Takes Steps to Protect Employees’ Off-Duty Marijuana Use

Morgan Lewis on

Washington, DC, City Council unanimously passed a bill on June 7 that would prohibit employers from basing adverse employment actions on an individual’s lawful, off-duty use of marijuana, unless certain exceptions apply. The...more

Fisher Phillips

Puff, Puff, PASSED: 6 Things Mississippi Employers Need to Know as State Passes Medical Cannabis Act

Fisher Phillips on

Mississippi just became the 37th state to legalize medical marijuana when Governor Tate Reeves (somewhat begrudgingly) signed a bill into law on February 2 to decriminalize the use of marijuana/cannabis for medical purposes....more

Manatt, Phelps & Phillips, LLP

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

Jackson Lewis P.C.

Marijuana Use Laws Budding In Virginia

Jackson Lewis P.C. on

Consistent with legislative trends, Virginia weighed in further on the nationwide marijuana debate by enacting two new comprehensive cannabis-related laws. The first prohibits discipline for employee’s medical use of cannabis...more

Fisher Phillips

7 Takeaways for Employers as Connecticut Passes Recreational Marijuana Bill

Fisher Phillips on

The Connecticut Senate just voted to approve a bill legalizing recreational cannabis use, and since Governor Ned Lamont has stated he will sign the bill, Connecticut will soon become the nineteenth state to legalize adult-use...more

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

Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)

On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more

Littler

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

Littler on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal...more

Morgan Lewis

New York’s Marijuana Regulation and Taxation Act: Employer Considerations

Morgan Lewis on

New York’s Marijuana Regulation and Taxation Act legalized recreational cannabis in New York State on March 31, 2021. While it will take some time to organize and implement many aspects of the law ...more

Fisher Phillips

What New York State Employers Need To Know About Cannabis Legalization

Fisher Phillips on

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

Cole Schotz

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Saiber LLC

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

Saiber LLC on

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to...more

Flaster Greenberg PC

WHAT ARE YOU SMOKING? New Jersey’s New Cannabis Law Also Changes the Rules for Employers

Flaster Greenberg PC on

As New Jersey enters a new era of legalized cannabis, employers face a whole new crop of questions about responding to employee cannabis use. The newly passed New Jersey Cannabis Regulatory, Enforcement Assistance, and...more

FordHarrison

New Jersey's Recreational Cannabis Bill Contains New Employment Protections and Unique Drug Testing Requirements

FordHarrison on

On February 22, 2021, New Jersey Governor Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) into law. The move follows New Jersey voters’ passage of a ballot...more

McNees Wallace & Nurick LLC

New Jersey Legalized Recreational Cannabis – What do Pennsylvania Employers Need to Know?

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

Littler

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

Littler on

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

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

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

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

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