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Medical Marijuana › Anti-Discrimination Policies

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... more +
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 -
Williams Mullen

Virginia Employment Law Updates for 2024: Key Changes You Need to Know

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Historically, the month of June brings with it multiple and detailed notices to Virginia-based employers regarding newly enacted or revised statutes with which they must comply. More recently, the number of such legal notices...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

CDF Labor Law LLP

A New California Bill Will Protect Employees' Ability to Use Marijuana Off-the-Clock

CDF Labor Law LLP on

In 2016, California legalized the recreational use of marijuana. Marijuana remains illegal at the federal level and is considered a Schedule 1 drug. However, California’s legalization of recreational marijuana created issues...more

Proskauer - Law and the Workplace

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing

Proskauer - Law and the Workplace on

On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”). If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain...more

Akerman LLP - HR Defense

Weed in the Workplace – Marijuana Roundup

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Marijuana was once again one of the hottest legislative topics across the nation in 2021, and while some states’ new legislation provided greater protections to employers with drug-free and/or zero-tolerance policies, others...more

Manatt, Phelps & Phillips, LLP

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

Manatt, Phelps & Phillips, LLP on

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

McNees Wallace & Nurick LLC

PA Medical Marijuana Act Requires “But For” Causation to Succeed on Discrimination Claim, Federal Judge Says

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As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such...more

Hogan Lovells

Virginia employer checklist for compliance with new 2021 laws

Hogan Lovells on

Virginia employers should be aware of several new employment laws that have taken effect in the commonwealth in 2021. These laws create protections against employment discrimination based on disability and military status and...more

Littler

Got the Green Light: New Puerto Rico Law Expands Employment Protections for Registered and Licensed Medical Cannabis Patients

Littler on

On July 29, 2021, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 15-2021 (Act 15). Act 15 amends Act No. 42 of July 9, 2017, also known as the Act to Manage the Study, Development and Research of Cannabis for...more

Jackson Lewis P.C.

Registered And Authorized Medical Cannabis Patients In Puerto Rico Gain Employment Protections

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Registered and authorized patients of medical cannabis in Puerto Rico are considered a protected category for purposes of all employment laws under an amendment to the “Act to Manage the Study, Development and Investigation...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q2 2021

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The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Baker Donelson

Got Pot? Can You Test to Find Out?

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Because of the state-by-state piecemeal legalization of marijuana, employers today face a dichotomy between maintaining a safe workplace versus adhering to the ever-changing legal landscape of drug testing for marijuana....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization...more

Fisher Phillips

What New York State Employers Need To Know About Cannabis Legalization

Fisher Phillips on

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

U.S. Equal Employment Opportunity Commission...

Nature’s Medicines and Amma Investment Group Will Pay $175,000 to Settle EEOC Sexual Harassment Suit

U.S. Equal Employment Opportunity Commission... on

Medical Marijuana Retailer Sexually Harassed Workers, Federal Agency Charged - BALTIMORE – Maryland Health Management, LLC, doing business as Nature’s Medicines, and AMMA Investment Group, LLC, will pay $175,000 and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of...more

Seyfarth Shaw LLP

New York City Adopts Rules Clarifying the “Safety-Sensitive” Exception for Pre-Employment Marijuana Tests

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Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

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On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Littler

Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to...

Littler on

Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a...more

Epstein Becker & Green

New Regulations Emphasize Discounts to Delaware Employers with Drug-Free Workplace Programs

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Delaware is reminding its employers that a safe, drug-free workplace can pay. On February 1, the state’s Department of Insurance (the “Department”) amended its regulations to emphasize the availability of workers’...more

Foley & Lardner LLP

Zero Tolerance for Zero Tolerance Marijuana Policies?

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Employers are undoubtedly aware of the ever-changing landscape of marijuana laws across the country. Complicating matters for larger employers is that these evolving statutes are creatures of state law with little uniformity...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

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Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

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On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Seyfarth Shaw LLP

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

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In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

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