News & Analysis as of

Decriminalization of Marijuana Job Applicants

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

Miller Nash LLP

Effective January 2024, New Washington Law Limits Employers’ Ability to Decline to Hire People for Past Cannabis Use

Miller Nash LLP on

Although Washington decriminalized recreational use of cannabis in 2012, employers in Washington have been free to deny employment on the basis of any evidence of cannabis use, including pre-hire drug testing, and even if...more

Fisher Phillips

5-Step Plan for Employers as Missouri Legalizes Marijuana

Fisher Phillips on

When Missouri voters approved Amendment 3 this Election Day to legalize personal use of marijuana by adults 21 and older, employers were sure to have questions. Besides legalizing the recreational use of marijuana (also...more

Fisher Phillips

Puff, Puff, PASSED: 6 Things Mississippi Employers Need to Know as State Passes Medical Cannabis Act

Fisher Phillips on

Mississippi just became the 37th state to legalize medical marijuana when Governor Tate Reeves (somewhat begrudgingly) signed a bill into law on February 2 to decriminalize the use of marijuana/cannabis for medical purposes....more

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more

Morgan Lewis

Philadelphia Bans Pre-Hire Marijuana Testing for Most Applicants

Morgan Lewis on

A Philadelphia ordinance prohibiting employers from testing applicants for marijuana as a condition of employment is set to take effect January 1, 2022. The ordinance, which was passed by the Philadelphia City Council and...more

Littler

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

Littler on

On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal...more

Amundsen Davis LLC

[Webinar] Dealing with Cannabis in the Workplace - A National Perspective - February 20th, 12:00 pm CT

Amundsen Davis LLC on

Although cannabis remains illegal under federal law, the legalization of cannabis on the state-level has left employers feeling uncertain of how to tailor their workplace policies and procedures to fit the changing landscape....more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

Rumberger | Kirk on

With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana In California (part one)

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Seyfarth Shaw LLP

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

Seyfarth Shaw LLP on

On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more

Seyfarth Shaw LLP

Illinois General Assembly Passes Amendments to Recreational Cannabis Law Reducing Some Employer Liabilities

Seyfarth Shaw LLP on

The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. ...more

FordHarrison

Recent Progression in the Legalization of Marijuana has left Employers Dazed and Confused

FordHarrison on

In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Davis Wright Tremaine LLP

Nevada Joins Growing List of Jurisdictions to Ban Pre-Employment Cannabis Testing

Effective January 1, 2020, it will be unlawful for Nevada employers to reject job applicants on the basis of a positive test for cannabis use. This follows a ballot initiative which made recreational marijuana use legal in...more

FordHarrison

Van from TV's Atlanta Helps Us Explore Drug Testing in the Workplace

FordHarrison on

Before Donald Glover (aka Childish Gambino) was singing duets with Beyonce, he was the brains behind TV’s Atlanta, a comedy-drama filmed and based in Atlanta, Georgia. Atlanta chronicles the efforts of Earnest “Earn” Marks...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

Husch Blackwell LLP

Nevada Operator And Employer Alert: New Marijuana Bill Becomes Law

Husch Blackwell LLP on

A new Nevada law will soon prohibit employers from denying employment to job applicants who test positive for marijuana use in pre-employment drug testing. What does this mean for your company and its safety sensitive...more

Littler

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

Littler on

Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana.  Under A.B. 132, employers are generally prohibited from...more

Snell & Wilmer

"Times They Are [Still] a-Changin'": The Developing Landscape of Marijuana Legalization in Nevada and What This Means for Nevada...

Snell & Wilmer on

As we reported last year, “Times They Are a-Changin’”. However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana...more

Holland & Hart - Employers' Lawyers

Employers Pay Attention: New Marijuana-Related Bill Passes Nevada Legislature

A number of employment-related bills passed this 2019 legislative session. One of these bills is AB 132, revising certain sections of NRS Chapter 613 as it relates to unlawful employment practices. ...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

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