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Alabama Enacts Medical Marijuana Law

Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more

Philadelphia Will Ban Pre-Employment Marijuana Testing In 2022

The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022. The new Chapter 9-4700 of the Philadelphia Code states that except...more

Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13,...more

How New Jersey’s Recreational Marijuana Law Significantly Affects Workplace Drug Testing

New Jersey Governor Phil Murphy signed into law three marijuana reform bills on February 22, 2021. The first, New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (A21), legalizes and...more

Louisiana Expands Access To Medical Marijuana

Louisiana’s governor signed into law on June 11, 2020 a measure amending the state’s medical marijuana law to make it easier for patients to obtain medical marijuana. The current version of Louisiana’s medical marijuana law...more

Rhode Island Court Upholds “Reasonable Grounds” Drug Testing Even Where There Is Another Possible Explanation For Employee’s...

The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have...more

New York Employers: Engage In The Interactive Dialogue With Medical Marijuana Users

A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision....more

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more

Illinois Legislature Clarifies Cannabis Act To Protect Employers Engaged In Workplace Marijuana Testing

Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by...more

New Jersey Amends Medical Marijuana Law To Provide Job Protections, Include Drug Testing Procedures

New Jersey has provided job protections to medical marijuana users and created new drug testing procedures under new law signed by Governor Phil Murphy on July 2, 2019, that took effect upon signing. The new law also...more

Illinois Legalizes Recreational Marijuana

The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019. Governor J.B. Pritzker has stated he will sign the bill. The Act legalizes marijuana for recreational purposes....more

Oklahoma “Unity Bill” Clarifies Medical Marijuana Law, Includes Provisions Helpful To Employers

The Oklahoma Medical Marijuana and Patient Protection Act was signed into law by Oklahoma Governor Stitt on March 14, 2019. Better known as the medical marijuana “Unity Bill,” the law clarifies certain regulatory aspects of...more

Voters In Three States Approve Marijuana Laws On Election Day

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law....more

New Jersey Mandates Drug Testing Of Direct Support Staff

All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing, effective...more

Oklahoma Voters Pass Broad Medical Marijuana Law With Anti-Discrimination Provisions

Oklahoma became the 30th state to pass a medical marijuana law after voters approved it on June 26, 2018. The law gives broad discretion to physicians in prescribing medical marijuana, which should make it fairly easy to...more

Maine’s New Recreational Marijuana Law Permits Employers To Enforce Policies Restricting Use

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took...more

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing...more

Vermont’s Governor Signs Recreational Marijuana Law

Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on...more

U.S. Department Of Justice Ends Obama-Era Marijuana Policy

Three days after retail sales of marijuana became legal in California, U.S. Attorney General Jeff Sessions announced today a new marijuana enforcement policy which rescinds long-standing policy set by the Obama...more

Governor’s Veto Of Recreational Marijuana Law Upheld By Maine House

The Maine House of Representative upheld November 6, 2017 Governor Paul R. LePage’s veto of a bill to legalize and regulate recreational marijuana. The 74-62 vote fell 17 votes short of the two-thirds margin required to...more

Maine Governor Vetoes Recreational Marijuana Law

Governor Paul R. LePage of Maine vetoed a bill to legalize and regulate marijuana on November 3, 2017. In a letter to the Maine Legislature, he urged the Legislature to “sustain this veto and continue to work to get this...more

Maine Delays Implementation of Certain Provisions of Recreational Marijuana Law

Last November, Maine was one of four states in which voters approved a new recreational marijuana law. Maine’s law took effect on January 30, 2017; however, emergency legislation passed on January 27, 2017 delayed the...more

U.S. Senators Seek Clarification From Department of Justice Regarding Federal Marijuana Enforcement Priorities

In light of White House Press Secretary Sean Spicer’s recent comments that the Department of Justice may seek “greater enforcement” of the federal laws prohibiting the recreational use of marijuana, eleven U.S. Senators sent...more

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