News & Analysis as of

Medical Marijuana Controlled Substances Act Off-Duty Employees

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 -
Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Venable LLP on

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

Sheppard Mullin Richter & Hampton LLP

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2017 #2

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work - Why it matters - Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover...more

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

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

Clark Hill PLC

Colorado Medical Marijuana Case is Not as Far-Reaching as Expected

Clark Hill PLC on

On June 15, 2015, the Colorado Supreme Court issued its highly anticipated decision in Coats v. Dish Network. In a unanimous decision, the court in Coats upheld the termination of an employee who failed a random drug test...more

McNees Wallace & Nurick LLC

Even in Colorado, you can be fired for off-duty drug use

Remember this one about the employee fired for legal drug use? How about this one? It seems that we have been talking more about the impact of legal marijuana use on employment since 2012, when voters in Colorado and...more

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