News & Analysis as of

Marijuana Drug Testing

Employer’s Refusal To Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

by Jackson Lewis P.C. on

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

New Oral Swab Technology Determines If Drivers Are High on the Highway

by Wilson Elser on

The California Legislature has yet to establish limits concerning cannabis consumption, following voters’ approval in November 2016 of Proposition 64, which allows recreational marijuana use....more

Federal Cannabis Legislation: Five Key Considerations for Employers

On April 13, 2017, the federal government introduced the Cannabis Act (Act), which will legalize and regulate the use of cannabis for recreational purposes in Canada. The Act received first reading on April 13, 2017 and, if...more

West Virginia Employers Soon to Enjoy Greater Flexibility in Drug Testing Employees, Despite Enactment of Nation’s 29th Medical...

by Littler on

The West Virginia Legislature recently passed two bills – the West Virginia Medical Cannabis Act and the West Virginia Safer Workplace Act – that dramatically change the landscape of West Virginia’s laws on medical marijuana...more

Cannabis in Canada - A Changing Legal Landscape: Employment & Labour

The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more

West Virginia Enacts Medical Marijuana Law

by Jackson Lewis P.C. on

West Virginia Governor Jim Justice signed legislation that legalizes the use of marijuana for medicinal uses on April 19, 2017. The new law, Senate Bill 386, known as “The West Virginia Medical Cannabis Act,” permits patients...more

Labour and Employment Alert: Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana

by Field Law on

On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...more

May Employers Weed Out Medical Marijuana Patients Through Drug Testing? Massachusetts Supreme Judicial Court Will Weigh In

by Hinshaw & Culbertson LLP on

The ever-changing landscape of medical marijuana laws in states across the nation has given rise to several lawsuits regarding an employer’s right to enforce anti-drug policies against employees who hold valid state-issued...more

Marijuana at Work: Testing of (and for) Mary Jane

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in...more

Massachusetts Has Legalized Marijuana — Should Your Workplace Policies Go Up in Smoke?

by Foley & Lardner LLP on

On November 8, 2016, voters in Massachusetts (along with their counterparts in Maine, California, and Nevada) voted to legalize the recreational use of marijuana. This means that recreational marijuana use is now legal in...more

Medical Marijuana and the Workplace

by Akerman LLP - HR Defense on

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

by FordHarrison on

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

by BakerHostetler on

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this...more

Marijuana Initiatives Do Not Require Changes to Drug Testing Policies

Last Tuesday’s election resulted in California and Massachusetts approving referendums to legalize recreational marijuana use. In addition, Florida and several other states passed or expanded medical marijuana use laws....more

Recreational Marijuana Use Becomes Legal in Massachusetts: Questions and Answers for Dazed and Confused Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Massachusetts has voted to legalize the recreational use of marijuana. For employers that want to maintain drug-free workplaces, the new marijuana law raises a number of questions regarding employer rights...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

by Morgan Lewis on

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

Medical Marijuana In The Workplace [Video]

In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace....more

Marijuana in the Workplace

by Stinson Leonard Street on

The recent passage of marijuana-use legislation in states around the country raises new issues for employees and employers alike. Twenty-three states and the District of Columbia permit some form of "legalized" marijuana....more

Implications of the Medical Marijuana Act on Employers

by Barley Snyder on

On April 17, 2016, Governor Tom Wolf signed into law The Medical Marijuana Act (SB 3), legalizing medical marijuana for use by patients who suffer from qualifying conditions and who register with the state. The law goes into...more

Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical...more

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

Drug Test Entitles Workers to Union Rep

by Sherman & Howard L.L.C. on

The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. Manhattan Beer Distribs. LLC, 362 N.L.R.B. No. 192 (August 27, 2015). In this...more

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

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