News & Analysis as of

Decriminalization of Marijuana Discrimination

Fox Rothschild LLP

New Adult-Use Cannabis Law Proposed in Pennsylvania

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Pennsylvania once again seems to have momentum to become one of the next states to legalize cannabis for adult use. After a bipartisan bill was introduced in the commonwealth’s Senate last year, the House now has submitted an...more

Frantz Ward LLP

Issue 2 and Social Equity

Frantz Ward LLP on

Marijuana laws have been enforced in a discriminatory manner against people of color in the United States. Despite similar usage rates across races, Black people are almost four times more likely than white people to be...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

Littler

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on

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

McDermott Will & Emery

Third Time’s the Charm – or Not

The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more

Ballard Spahr LLP

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Littler

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on

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

Sherman & Howard L.L.C.

It’s Reasonable to Employ Marijuana Users

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

Littler

Workplace Policy Institute Insider Report - January 2017

Littler on

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Lowndes

What Employers Need to Know About Florida's New Medical Marijuana Law

Lowndes on

In addition to selecting a new President, Florida voters approved Amendment 2, which amends the Florida Constitution to legalize medical marijuana for use by individuals with specific debilitating medical conditions, as...more

Cadwalader, Wickersham & Taft LLP

The Trump Administration: Change By Executive Action and Inaction

The election of Donald J. Trump as the 45th President of the United States, along with Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in U.S....more

Littler

10 Considerations for Planning the 2016 Office Holiday Party

Littler on

The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. This occasion presents an opportunity for employers to foster team spirit...more

McNees Wallace & Nurick LLC

The Legalization of Medicinal Marijuana in PA – What Does it Mean for Employer Provided Insurance Coverage?

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

Ballard Spahr LLP

PA’s Medical Marijuana Act: Challenges for Employers

Ballard Spahr LLP on

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

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

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Robinson+Cole RLUIPA Defense

RLUIPA Round-Up

Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more

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