News & Analysis as of September 19, 2024

Disability Discrimination

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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 -

Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia

Proskauer - Law and the Workplace on 6/24/2021

Quick Hit: Two new laws in Virginia providing disability discrimination protections and protections for medicinal use of cannabis oil for employees go into effect July 1, 2021. Key Takeaway: Virginia, once known as a...more

New York’s Marijuana Regulation and Taxation Act: Employer Considerations

Morgan Lewis on 4/20/2021

New York’s Marijuana Regulation and Taxation Act legalized recreational cannabis in New York State on March 31, 2021. While it will take some time to organize and implement many aspects of the law ...more

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on 12/1/2020

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

McManis Faulkner on 3/17/2020

Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more

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

Littler on 3/12/2020

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

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

K&L Gates LLP on 11/15/2019

In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Legal Pot = Manufacturing Storm Clouds (the Refrain)

Robinson+Cole Manufacturing Law Blog on 11/1/2019

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a...more

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on 9/5/2019

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

New Jersey Offers More Workplace Protections for Medical Cannabis Patients

Saul Ewing LLP on 8/2/2019

A combination of New Jersey court decisions and legislative actions have expanded and clarified New Jersey employer obligations for employees who are registered qualifying cannabis patients. ...more

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on 7/30/2019

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Supplementing the Pink Slip for a Green Stamp of Approval – Rising Trends of New Employment Protections for Registered Cannabis...

Burns & Levinson LLP on 7/25/2019

Early this month, New Jersey enacted new workplace protections for authorized medical cannabis users - Under the new regulations, employers are prohibited from taking an adverse employment action against an existing or...more

New Jersey Governor Clears the Medical Cannabis Haze

Seyfarth Shaw LLP on 7/23/2019

Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

Jackson Lewis P.C. on 7/15/2019

New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana...more

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

Troutman Pepper on 6/19/2019

Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more

Cannabis in California: High Time to Smoke Out the Issues

Seyfarth Shaw LLP on 6/10/2019

Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical...more

Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights

Seyfarth Shaw LLP on 5/16/2019

Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more

New Mexico Just Became Employee-Friendly to Medical Marijuana Users

Seyfarth Shaw LLP on 4/18/2019

Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor...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

What Employers Need To Know: New Jersey’s Appellate Division Issues Historic Ruling On Medical Marijuana Users’ Rights in the...

Flaster Greenberg PC on 4/2/2019

Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more

“Wild” Times for Pot in NJ: Legislature Delays on Marijuana Bills with Employment Protections, but the Courts Open the Door

Obermayer Rebmann Maxwell & Hippel LLP on 4/1/2019

On March 25, 2019, New Jersey lawmakers called off a vote on Senate Bill No. 2703 (Assembly Bill No. 4497) legalizing recreational marijuana (cannabis) (“Recreational Bill”). State Senate President Stephen Sweeney...more

Marijuana in the Workplace

Adler Pollock & Sheehan P.C. on 3/28/2019

Many of our employer clients have contacted us with questions about new laws and court decisions on medical and recreational marijuana, and what it all means for business managers charged with hiring, managing, and...more

Medical Marijuana In Pennsylvania

Chartwell Law on 3/21/2019

On Sunday, April 17, 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (commonly referred to as “Senate Bill 3” and referenced herein as “the Act”), into law, thereby making Pennsylvania the 24th state to...more

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on 9/26/2018

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Medical Marijuana Update – Connecticut Federal Court Provides Guidance to PA Employers on Post-Offer/Pre-Employment Drug Testing

McNees Wallace & Nurick LLC on 9/17/2018

Two years ago, when the Pennsylvania Medical Marijuana Act (MMA) passed, we advised employers that the Act contained an express anti-discrimination provision providing that...more

Medical Marijuana is here (sort of). Is your company ready?

Bricker Graydon LLP on 9/7/2018

Ohio is in for some turbulence as it enters the world of legalized cannabis. The state’s medical marijuana program was to be fully implemented by September 8, 2018. ...more

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