News & Analysis as of

Marijuana Disability

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

by Thompson Coburn LLP on

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

by Seyfarth Shaw LLP on

In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Colorado Decision Shows Continuing Tension Between Legal Marijuana and Employer Drug Testing

Last week, the Colorado Supreme Court rejected the claim of a quadriplegic employee terminated for testing positive for marijuana. In Coats v. Dish Network, LLC, the plaintiff possessed a valid medical marijuana card issued...more

Special Session Set For Today

After weeks of negotiations, speculation, and a late night caucus, Governor Mark Dayton called the Special Session for today at 10 a.m. The six bills on the approved agenda are the three budget bills that Dayton vetoed at...more

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

by Sherman & Howard L.L.C. on

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

by Baker Donelson on

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law...more

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

by Epstein Becker & Green on

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

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

by Proskauer Rose LLP on

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 46: How To Deal With Employees Using...

by Hirschfeld Kraemer LLP on

Fifty years ago when Title VII became law and 23 years ago when the Americans with Disabilities Act became law, it would be inconceivable that someone would be blogging about accommodating employees by allowing them to smoke...more

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