News & Analysis as of

Controlled Substances Act Hiring & Firing

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper on

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

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

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

​​​​​​​In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

Jackson Lewis P.C.

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

Constangy, Brooks, Smith & Prophete, LLP

A history of the decline and rise of the marijuana empire

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

Jackson Lewis P.C.

Navigating State-Authorized Medical, Recreational Marijuana In The Manufacturing Sector

Jackson Lewis P.C. on

The state-sanctioned use of marijuana continues to progress, with 33 states authorizing it for medical purposes and 11 states extending those protections to recreational use. Despite this widespread adoption by the states,...more

Benesch

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Adler Pollock & Sheehan P.C.

Update on Marijuana in the Workplace

For employers who attended the recent AP&S seminar on “Marijuana in the Workplace,” as well as all employers looking to stay informed of new developments in this area of the law, the Rhode Island General Assembly has now...more

Chartwell Law

Medical Marijuana In Pennsylvania

Chartwell Law on

On Sunday, April 17, 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (commonly referred to as “Senate Bill 3” and referenced herein as “the Act”), into law, thereby making Pennsylvania the 24th state to...more

K&L Gates LLP

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

K&L Gates LLP on

In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...more

Foley & Lardner LLP

Michigan Brings Legalized Recreational Marijuana to the Midwest

Foley & Lardner LLP on

Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

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

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Fox Rothschild LLP

Employment Compliance In The Age Of Legalized Marijuana

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Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

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

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2017 #2

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work - Why it matters - Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover...more

Saul Ewing LLP

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

Saul Ewing LLP on

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

Partridge Snow & Hahn LLP

Accommodating Medical Marijuana Users: A National Trend?

Marijuana is a Schedule I drug under the federal Controlled Substances Act, and the use, sale and possession of marijuana remains illegal under federal law. In recent years, however, a majority of states (at last count, 29...more

Littler

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

Littler on

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

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Fox Rothschild LLP

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age discrimination. ...more

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