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Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada...more

Rhode Island Legalizes Cannabis for Recreational Use

Seyfarth Synopsis: On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational...more

District of Columbia Provides Employment Protections to Cannabis Users

The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more

Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...more

California (Yet Again) Considers Legislation Regulating Employer Consideration of Marijuana Use

Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in...more

New York City Adopts Rules Clarifying the “Safety-Sensitive” Exception for Pre-Employment Marijuana Tests

Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more

Rhode Island Court Upholds Termination of Medical Marijuana User for Refusing a Reasonable Suspicion Drug Test

Seyfarth Synopsis: On May 29, 2020, the Rhode Island Supreme Court affirmed dismissal of an employee’s lawsuit against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test,...more

Pennsylvania CBD User Entitled to Unemployment Benefits

On May 11, 2020, a Pennsylvania court upheld the state Unemployment Compensation Board of Review’s order granting a CBD (cannabidiol) user unemployment benefits after being terminated for testing positive for marijuana...more

Hawaii Legislature Considers Bill Providing Employment Protections to Medical Cannabis Users

On January 17, 2020, Hawaii Senators Rosalyn Baker (D) and Brian Taniguchi (D) introduced Senate Bill 2543, which proposes to provide employment protections to job applicants and employees who use medical cannabis. If...more

California Assembly (Again) Considers Bill Requiring Employers to Accommodate Medical Cannabis Use

Marijuana (cannabis) remains a Schedule I drug under the federal Controlled Substances Act. And, more than a decade ago, the California Supreme Court held in Ross v. RagingWire Telecomm., Inc., that employers have the right...more

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

New Jersey Governor Clears the Medical Cannabis Haze

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

High Times Continue – Illinois Enacts Recreational Cannabis Law

Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more

The Stoned Age: What the CBD Craze Means for Employers and Their Substance Abuse Policies

Seyfarth Synopsis: The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they...more

Nevada Becomes the First State to Restrict Employer Use of Pre-Employment Cannabis Tests

Seyfarth Synopsis: Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a...more

Cannabis in California: High Time to Smoke Out the Issues

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

New Mexico Just Became Employee-Friendly to Medical Marijuana Users

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

Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User

Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more

Into The Weeds: Will California Employment Law Protect Medical Marijuana Users?

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users. California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more

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