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Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more

New Jersey Medical Marijuana Amendments Expand Employment Protections

New Jersey has expanded its medical marijuana program and—for the first time since the state enacted the law—adopted formal protections for employees and job applicants who use what is now called “medical cannabis.” ...more

Illinois Poised to Protect Marijuana Users from Adverse Employment Actions as Part of Marijuana Legalization Legislation

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438).  The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make...more

In Oklahoma, Medical use of Marijuana is OK, But Employers Now Have Enhanced Rights to Act

On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create...more

Michigan Employers Can Refuse to Hire Medical Marijuana Users

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more

Michigan Court of Appeals Rules Medical Marijuana Users Discharged for Positive Drug Tests May Still Be Eligible for Unemployment...

In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from...more

Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more

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