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Medical Marijuana Hiring & Firing

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 -

Positive No More: Rhode Island Employers Need to Think Twice Before Denying Employment Based on a Positive Drug Test

In a recently issued trial court decision, Callaghan v. Darlington Fabrics Corp., a Rhode Island Superior Court justice held that an employer could not deny employment to an applicant licensed under state law to possess and...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

by Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Medical Marijuana Bill Passes During Special Session – Will Employers Also Be Able To Pass?

by Fox Rothschild LLP on

Please see my update, over on Fox’s In the Weeds, on the Florida Legislature’s success in passing a medical marijuana bill during the recent special session. Now we wait on Governor Rick Scott to sign the bill, which he is...more

2017 West Virginia Legislative Update For Employers

The West Virginia Legislature ended its 2017 session with a few changes employers should be aware of, including updates to medical marijuana laws, questions you can and can't ask when hiring, and more. In this webinar,...more

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

by 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

Rhode Island Company Liable for Refusing to Hire Marijuana User – Is Massachusetts Next?

by Partridge Snow & Hahn LLP on

On May 23rd, the Rhode Island Superior Court ruled that a local company is guilty of discriminating against a prospective employee for refusing to hire the employee because the employee actively used medical marijuana...more

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

Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers

by Baker Donelson on

Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...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

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

Licensed Medical Marijuana Caregiver’s Termination For Selling Drugs At Work Was Not Age Discrimination

by Jackson Lewis P.C. on

A federal court in Michigan dismissed the age discrimination claim of a licensed medical marijuana caregiver who was terminated in connection with an investigation into drug activity at work. Henry v. Outback Steakhouse of...more

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

by Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age...more

Hot List – What’s Happening in the California Legislature 4/24-4/28

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Rhode Island Employers Face Uncertainty with Marijuana Legislation

by Locke Lord LLP on

As the Rhode Island General Assembly actively considers proposed legislation that would legalize marijuana use statewide, employers around the state are bracing for the impact in the workplace while they are already adjusting...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

States (and Cities) Rush In Where Congress Fears to Tread

Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape. After all, one thing which the new Administration and Congressional...more

Proposed NJ Legislation Would Add Employment Protections for Medical Marijuana Users

by Fox Rothschild LLP on

New Jersey’s medical marijuana statute, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA), was enacted in 2010. To date, the statute does not include specific provisions requiring employers to accommodate an...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

District of New Jersey Ruling Leaves Employers High and Dry as to Guidance on Dealing with Medical Marijuana Users

by Genova Burns LLC on

On February 21, 2017, the District of New Jersey dismissed a wrongful termination lawsuit by a medical marijuana user who claimed that the employer failed to accommodate his disability in violation of the New Jersey Law...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...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

Workplace Policy Institute Insider Report - January 2017

by Littler on

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...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

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