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 -
News & Analysis as of

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

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

Discharge for Medical Pot Use Does Not Prevent Receipt of Unemployment Benefits

The prevalence of medical marijuana cards in the worker population in the auto industry has increased significantly since Michigan first passed the Michigan Medical Marihuana Act (MMMA) in 2008. While a medical marijuana card...more

Alaska Passes Initiative to Legalize Recreational Use of Marijuana—What Does that Mean for Employers?

Alaska voted on Nov. 4, 2014, to decriminalize possession, use, display, purchase, and transport of marijuana. Alaska has now joined Colorado, Washington, Oregon, and Washington, D.C. in legalizing recreational marijuana use....more

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....more

Colorado Supreme Court Set To Decide Seminal Drug Testing Case

As reported by Joe Palazzolo of the Wall Street Journal (subscription required), Colorado’s Supreme Court recently heard arguments on whether an employer can lawfully terminate an employee for off-the-job use of medical...more

Colorado Supreme Court Hears Arguments In Medical Marijuana/Discharge Case

Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms....more

Is THC “Lawful” in Colorado?

The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394. The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law. The Lawful Activities...more

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

What Employers Need to Know About Marijuana Legalization in Colorado and Washington

Employers should brace for a number of lawsuits trying to expand these laws into something the courts have already said they're not: a right to have marijuana in one's system at work....more

Are You Prepared To Comply With New Employment Laws And Requirements In 2014?

The New Year brings new employment laws and requirements for businesses. For example, as reported in the most recent edition of The Fast Laner, Illinois became the last state to allow people to carry concealed firearms....more

Employment Newsletter - January 2014: Employers Prevail Among the Haze of Growing Medical Marijuana Laws

On January 1, 2014, Illinois became the 21st jurisdiction since 1996 to enact legislation to decriminalize the use of marijuana for medical purposes. The other jurisdictions are Alaska, Arizona, California, Colorado,...more

Is Chi-Town About to Become High-Town?

Medical marijuana legally blows into the Windy City and the rest of Illinois in 2014, are employers ready? The Compassionate Use of Medical Cannabis Pilot Program Act (the “Act”) takes effect on January 1, 2014, carrying with...more

What Employers Need to Know About Illinois' New Medical Marijuana Law

On August 2, 2013, Illinois Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act, P.A., 98-0122. As of January 1, 2014, the Act will establish a four-year pilot program in Illinois that...more

Marijuana in the Workplace  [Video]

oin Attorney Tracey Diamond as she discusses how legalizing marijuana for medical use for individuals suffering from cancer, acquired immune deficiency syndrome and other debilitating life-threatening illnesses. Ms. Diamond...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

Drug Testing Policies Up in Smoke?

We have been getting a lot of questions from employers about how employees' legal use of marijuana impacts an employer's ability to enforce its drug testing policy. Most of these questions were generated by the recent actions...more

Don't Fear The Reefer: Legalization of Marijuana To Have Little Effect on WA Employers

On November 6, 2012, Washington became a national trailblazer when voters approved a state initiative legalizing the recreational use of marijuana (Colorado passed a similar law the same day). As of December 6, 2012, it will...more

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