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Medical Marijuana Drug Testing

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 -

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

Quest Diagnostics Annual Survey Shows Drug Test Positivity Rates Continue To Climb

by Jackson Lewis P.C. on

According to the annual Quest Diagnostics Drug Testing Index published yesterday, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12 years. This...more

A Wild Ride - Reviewing the 2017 Iowa Legislative Session for Employers

by Davis Brown Law Firm on

Like on The Monster at Adventureland, the 2017 legislative session was a thrill ride full of ups and downs for Iowa employers. Starting with the signing of the collective bargaining bill in February and continuing to last...more

Federal Cannabis Legislation: Five Key Considerations for Employers

On April 13, 2017, the federal government introduced the Cannabis Act (Act), which will legalize and regulate the use of cannabis for recreational purposes in Canada. The Act received first reading on April 13, 2017 and, if...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

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

by Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Random Drug Tests (Still) Not Advisable In Most California Workplaces

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances. California public policy, stated in our Constitution, strongly favors the right...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...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

May Employers Weed Out Medical Marijuana Patients Through Drug Testing? Massachusetts Supreme Judicial Court Will Weigh In

by Hinshaw & Culbertson LLP on

The ever-changing landscape of medical marijuana laws in states across the nation has given rise to several lawsuits regarding an employer’s right to enforce anti-drug policies against employees who hold valid state-issued...more

New Jersey Bills to Provide Employment Protections for Medical Marijuana Patients Introduced

On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA) was signed into law. While the NJCUMMA explicitly states that it does not require employers to accommodate a qualified patient’s use of...more

3 Practical Challenges for Employers Created by Legalized Marijuana

by Burns & Levinson LLP on

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the...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

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

by FordHarrison on

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

Green Grass and High Tides: The Pennsylvania Medical Marijuana Act

On April 17, 2016, Governor Tom Wolf signed Pennsylvania’s medical marijuana program into law, making it the 24th state with a comprehensive medical marijuana program. The new law — Act 16 or the “MMA” — will protect...more

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

by BakerHostetler on

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this...more

Florida Medical Marijuana Law Will Take Effect January 2017

by Roetzel & Andress on

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law...more

Recreational Marijuana Use Becomes Legal in Massachusetts: Questions and Answers for Dazed and Confused Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Massachusetts has voted to legalize the recreational use of marijuana. For employers that want to maintain drug-free workplaces, the new marijuana law raises a number of questions regarding employer rights...more

How does Pennsylvania’s new medical marijuana law compare to NJCUMMA?

Recently, I participated in a panel discussion for the Greater Lehigh Valley Chamber of Commerce’s 2016 Healthcare Summit. The discussion focused on the workplace implications of Pennsylvania’s medical marijuana law, which...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

by Morgan Lewis on

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

Medical Marijuana In The Workplace [Video]

In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace....more

@Work: Your HR and Employment Law Update - June 2016

by Benesch on

With the Ohio Senate’s passage of House Bill 523 on May 25, 2016, Ohio is poised to become the nation’s 25th state to legalize medicinal marijuana. Although the proposed state law provides direction for employers, a new OSHA...more

Marijuana in the Workplace

by Stinson Leonard Street on

The recent passage of marijuana-use legislation in states around the country raises new issues for employees and employers alike. Twenty-three states and the District of Columbia permit some form of "legalized" marijuana....more

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