News & Analysis as of

Workplace Safety Decriminalization of Marijuana

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Fisher Phillips

Ohio Employers Should Follow These 6 Steps Now That Recreational Cannabis Sales Have Begun

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Ohio employers need to prepare now that legalized recreational cannabis sales have kicked off – and your workers will be able to legally purchase the drug throughout the state. Beginning August 6, Ohioans 21 years of age or...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

Winthrop & Weinstine, P.A.

Joints and Jobsites – 4 Things Contractors Need to Know Following Minnesota’s Legalization of Adult Recreational Cannabis

Earlier this year, Minnesota became the 23rd state to legalize cannabis for adult recreational use. The law officially took effect on August 1, 2023 and has left contractors wondering what they can and cannot do to protect...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed

As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times per month....more

Winthrop & Weinstine, P.A.

Minnesota Employers and Recreational Marijuana: Answers to Frequently Asked Questions Regarding Cannabis Legalization in Minnesota

The Minnesota Legislature has passed legislation legalizing adult recreational cannabis use. The bill has been approved by both the House and Senate, and has been sent to the Governor’s desk for approval. This is a mere...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

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With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

McGlinchey Stafford

Use of Cannabis by Workers in Safety-Sensitive Positions

McGlinchey Stafford on

States Regulating Marijuana Use Off-Site and At Work- While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more

Fisher Phillips

Does Your State Protect Off-Duty Cannabis Use? 8 Questions for Employers to Consider as You Revamp Your Policies

Fisher Phillips on

The impact of cannabis on the workplace continues to evolve as more states legalize its use. One such example is increasing protection for workers’ off duty cannabis use. How will these changes affect your workplace? Here is...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Webinar - Marijuana in the Workplace: Guiding Employers Through the Cannabis Maze

Join Constangy partners Keya Denner, Ashley Orler and Nestor Barrero as they review current cannabis laws and workplace protections, discuss changes to cannabis laws on the horizon, including the California Fair Employment...more

Fisher Phillips

4 Trends for Cannabis Industry Employers to Track in 2023

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The cannabis industry is growing at a rapid pace given the proliferation of states legalizing medical and recreational use. Indeed, most states already have a comprehensive medical cannabis program, and many are rolling out...more

Miller Nash LLP

Employer Alert: Asthma in the Cannabis Workplace

Miller Nash LLP on

Under state and federal occupational safety laws, employers have a general duty to provide a safe and healthy workplace. That duty includes taking reasonable steps to keep it free of any recognized hazards that might hurt or...more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

Payne & Fears on

Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

Littler

What’s New with Cannabis Compliance in Wisconsin? The Legal, The Illegal, and the Gray Area for Wisconsin Employers

Littler on

The Wisconsin legislature appears poised to reject a proposal to create a medical marijuana program this legislative session, just a month after the Senate shot down a proposal to legalize marijuana for recreational use....more

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sands Anderson PC

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

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Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

Littler

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

Littler on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal...more

Fox Rothschild LLP

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

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For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

Littler

Recreational Marijuana Use Away from Work Now Protected in New York

Littler on

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers...more

Harris Beach PLLC

High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana

Harris Beach PLLC on

Recreational, adult-use marijuana is poised to become legal in New York state. The changes that legalization brings for virtually every workplace include modifications and updates to employer policies and procedures regarding...more

Saiber LLC

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

Saiber LLC on

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to...more

FordHarrison

New Jersey's Recreational Cannabis Bill Contains New Employment Protections and Unique Drug Testing Requirements

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On February 22, 2021, New Jersey Governor Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) into law. The move follows New Jersey voters’ passage of a ballot...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

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