News & Analysis as of

Marijuana Americans with Disabilities Act (ADA) Corporate Counsel

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

McGlinchey Stafford

Employers: Clock is Ticking to Update Marijuana Policies

McGlinchey Stafford on

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...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

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

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Jackson Lewis P.C.

Vermont Attorney General Publishes Guide to Marijuana in the Workplace

Jackson Lewis P.C. on

Vermont’s recreational marijuana law will take effect on July 1, 2018. On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace....more

Seyfarth Shaw LLP

A Potential P[l]ot Twist For Medical Marijuana And The ADA

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more

Littler

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Orrick - Employment Law and Litigation

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

FordHarrison

Zero Tolerance for Marijuana Use by Employees: A Prescription for Litigation?

FordHarrison on

The dramatic inconsistency between federal and state law with regard to the use of marijuana may mean that employers with zero tolerance policies for marijuana use will face an increasing likelihood of litigation over the...more

Epstein Becker & Green

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

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