News & Analysis as of

Decriminalization of Marijuana Employment Policies Disability Discrimination

Proskauer - Law and the Workplace

Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia

Quick Hit: Two new laws in Virginia providing disability discrimination protections and protections for medicinal use of cannabis oil for employees go into effect July 1, 2021. Key Takeaway: Virginia, once known as a...more

Morgan Lewis

New York’s Marijuana Regulation and Taxation Act: Employer Considerations

Morgan Lewis on

New York’s Marijuana Regulation and Taxation Act legalized recreational cannabis in New York State on March 31, 2021. While it will take some time to organize and implement many aspects of the law ...more

ArentFox Schiff

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

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Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

McManis Faulkner

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

McManis Faulkner on

Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more

Littler

Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to...

Littler on

Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

K&L Gates LLP on

In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

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Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Saul Ewing LLP

New Jersey Offers More Workplace Protections for Medical Cannabis Patients

Saul Ewing LLP on

A combination of New Jersey court decisions and legislative actions have expanded and clarified New Jersey employer obligations for employees who are registered qualifying cannabis patients. ...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

Burns & Levinson LLP

Supplementing the Pink Slip for a Green Stamp of Approval – Rising Trends of New Employment Protections for Registered Cannabis...

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Early this month, New Jersey enacted new workplace protections for authorized medical cannabis users - Under the new regulations, employers are prohibited from taking an adverse employment action against an existing or...more

Jackson Lewis P.C.

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

Jackson Lewis P.C. on

New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana...more

Troutman Pepper

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

Troutman Pepper on

Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Storm Clouds for Manufacturers

New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern.  Effective May 20, 2020, New York City employers will no...more

Seyfarth Shaw LLP

Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights

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Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more

Seyfarth Shaw LLP

New Mexico Just Became Employee-Friendly to Medical Marijuana Users

Seyfarth Shaw LLP on

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

Flaster Greenberg PC

What Employers Need To Know: New Jersey’s Appellate Division Issues Historic Ruling On Medical Marijuana Users’ Rights in the...

Flaster Greenberg PC on

Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more

Obermayer Rebmann Maxwell & Hippel LLP

“Wild” Times for Pot in NJ: Legislature Delays on Marijuana Bills with Employment Protections, but the Courts Open the Door

On March 25, 2019, New Jersey lawmakers called off a vote on Senate Bill No. 2703 (Assembly Bill No. 4497) legalizing recreational marijuana (cannabis) (“Recreational Bill”). State Senate President Stephen Sweeney...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

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

McNees Wallace & Nurick LLC

Medical Marijuana Update – Connecticut Federal Court Provides Guidance to PA Employers on Post-Offer/Pre-Employment Drug Testing

Two years ago, when the Pennsylvania Medical Marijuana Act (MMA) passed, we advised employers that the Act contained an express anti-discrimination provision providing that...more

Bricker Graydon LLP

Medical Marijuana is here (sort of). Is your company ready?

Bricker Graydon LLP on

Ohio is in for some turbulence as it enters the world of legalized cannabis. The state’s medical marijuana program was to be fully implemented by September 8, 2018. ...more

Genova Burns LLC

Federal Judge Clears the Haze for New Jersey Employers in the Weeds with Medical Marijuana Users

Genova Burns LLC on

States across the country, including New Jersey, continue to legalize medical marijuana, but it remains an illegal substance under federal law, and employers’ confusion continues to bud. The complication that employers have –...more

Saul Ewing LLP

New Jersey Employers Not Required to Waive Drug Test for Medical Marijuana

Saul Ewing LLP on

A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s...more

FordHarrison

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

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Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

Foley & Lardner LLP

“High” Stakes for Employers Dealing With Evolving Cannabis Laws

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The evolving legalization of marijuana for both medical and recreational uses continues to cause workplace issues for employers. Nine states and the District of Columbia have legalized recreational marijuana, and 32 states...more

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