News & Analysis as of

Marijuana Employer Liability Issues

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Will Employers Be Forced To Accommodate Employees Who Test Positive For Marijuana?

by Jackson Lewis P.C. on

On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless...more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Cannabis at work: An update for employers

by Thompson Coburn LLP on

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do...more

Medical Marijuana: When A Positive Drug Test may Not Be Grounds To Fire An Employee

by Fox Rothschild LLP on

In a portentous opinion, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer. Because many states’...more

Massachusetts High Court Allows Disability Discrimination Claims Of Medical Marijuana User To Proceed

by Fox Rothschild LLP on

In a decision awaited by many in the industry, the Massachusetts Supreme Judicial Court ruled that a licensed medical marijuana user who was fired after testing positive for marijuana can proceed with claims under the state’s...more

Florida Governor Signs Medical Marijuana Law

by Jackson Lewis P.C. on

Last November, Florida voters overwhelmingly voted to amend the Florida Constitution to permit the use of medical marijuana. The constitutional amendment went into effect on January 3, 2017, and required regulations to be...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

Medical Marijuana Bill Passes During Special Session – Will Employers Also Be Able To Pass?

by Fox Rothschild LLP on

Please see my update, over on Fox’s In the Weeds, on the Florida Legislature’s success in passing a medical marijuana bill during the recent special session. Now we wait on Governor Rick Scott to sign the bill, which he is...more

Rhode Island Company Liable for Refusing to Hire Marijuana User – Is Massachusetts Next?

by Partridge Snow & Hahn LLP on

On May 23rd, the Rhode Island Superior Court ruled that a local company is guilty of discriminating against a prospective employee for refusing to hire the employee because the employee actively used medical marijuana...more

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

Arkansas Legislature Adds Employer Protections To Medical Marijuana Law

by Fox Rothschild LLP on

In November 2016, Arkansas passed a constitutional amendment (Amendment 98) establishing a medical marijuana program. The legislature recently added provisions to the law, resulting in significant protections for Arkansas...more

Marijuana Farm Employees Face Numerous Health Hazards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more

Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers

by Baker Donelson on

Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...more

Ain’t No Mountain High Enough: West Virginia Passes Medical Marijuana Law

by Fox Rothschild LLP on

On April 19, 2017, West Virginia Governor Jim Justice signed a bill legalizing the use of marijuana for medicinal purposes. With the passage of Senate Bill 386, West Virginia becomes the 29th state to adopt a medical...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

Rhode Island Employers Face Uncertainty with Marijuana Legislation

by Locke Lord LLP on

As the Rhode Island General Assembly actively considers proposed legislation that would legalize marijuana use statewide, employers around the state are bracing for the impact in the workplace while they are already adjusting...more

Proposed NJ Legislation Would Add Employment Protections for Medical Marijuana Users

by Fox Rothschild LLP on

New Jersey’s medical marijuana statute, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA), was enacted in 2010. To date, the statute does not include specific provisions requiring employers to accommodate an...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

2016 Massachusetts Employment Law Year In Review

2016 Massachusetts Employment Law Year in Review - From case law interpreting one of, if not, the most employee-friendly independent contractor statute in the country to Beacon Hill’s efforts to pass non-competition...more

Florida Employers: Here Comes Medical Marijuana – Are You Ready?

Florida voters turned out in droves to pass Amendment 2 to legalize medical marijuana. This Constitutional Amendment greatly expanded what was once a very narrow right in Florida to be treated with low dose THC cannabis....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

"A to Z" of What California Employers Need to Know for 2017

by BakerHostetler on

With the new year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2017. All-Gender/Single-User Restrooms - Beginning March 1,...more

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