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Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme

Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis...more

Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more

Nevada Supreme Court Holds Recreational Cannabis is Not a “Lawful” Off-Duty Product

In the last two years, more jurisdictions have passed laws providing employment protections to applicants and employees using cannabis on their free time, including in New York, Washington, DC, and California. Recently,...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

Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more

Connecticut Becomes the 20th Jurisdiction to Legalize Recreational Marijuana

Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. ...more

New Mexico and Virginia Legalize Cannabis for Recreational Use

Following closely on the heels of both New York and New Jersey enacting recreational cannabis laws, New Mexico and Virginia have enacted their own laws allowing adults to use cannabis for recreational purposes. Virginia went...more

New York Passes Recreational Cannabis Law

Seyfarth Synopsis: New York has become the latest state to enact a law protecting the use of personal nonmedical cannabis for individuals age 21 and over. As one of the nation’s largest cannabis markets, New York will...more

U.S. Office of Personnel Management Provides Guidance to Federal Agencies on Consideration of Marijuana Use in Hiring Decisions

Recognizing that state medical and recreational marijuana laws are sweeping the nation, and that a recent survey reflected that nearly half of surveyed American adults have used marijuana, the Acting Director of the U.S....more

New Jersey Recreational Marijuana Law Provides Significant Employment Protections to Marijuana Users

Seyfarth Synopsis: New Jersey recently enacted a law permitting personal, nonmedical use of marijuana for individuals age 21 and over. Separate laws decriminalize marijuana and hashish possession and set out the penalties...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

Half Baked — Illinois Legislature Includes Some Employer Protections in New Recreational Cannabis Law, But Creates Potential...

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

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