News & Analysis as of September 25, 2024

Adverse Employment Action

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Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on 6/22/2023

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2021

On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more

Growing Cannabis Laws: What’s an Employer to Do?

Lowndes on 7/18/2019

As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

What a Long Strange Trip It’s Been: Is Medical Marijuana Coming to Alabama?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/17/2019

On March 20, 2019, House Bill 243 (HB243) was introduced in the Alabama House of Representatives. HB243, a bipartisan bill with extensive support from both the majority and minority leaders, would create the Compassion,...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2017

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

Arkansas Legislature Adds Employer Protections To Medical Marijuana Law

Fox Rothschild LLP on 5/18/2017

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

Miners & Marijuana

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/22/2015

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

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

FordHarrison on 12/3/2014

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

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Medical Marijuana › Americans with Disabilities Act (ADA) › Adverse Employment Action

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