News & Analysis as of

Decriminalization of Marijuana Marijuana State Labor Laws

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on

North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 29: Weed in the Workplace with Christy Rogers of Maynard Nexsen

Maynard Nexsen on

Our hosts Tina, Jennie and Christy sit down for an increasingly top of mind topic for many employers - weed in the workplace. Christy offers her insight on how employers can best navigate marijuana issues such as legalized...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

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

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations....more

Weintraub Tobin

(Podcast) California Employment News: Expanded Workplace Protections Regarding Cannabis Use

Weintraub Tobin on

New laws in 2024 expand workplace protections for employees regarding their current and past cannabis use. Nikki Mahmoudi and Tomiwa Aina review these changes, previewed in our 2024 Employment Law Update seminars, in this...more

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

UB Greensfelder LLP

Recreational Adult Use of Marijuana Was Approved By Ohio Voters This Week: What Does This Mean for Ohio Employers?

UB Greensfelder LLP on

Earlier this week, Ohio voters decided Issue 2, voting to enact Ohio Revised Code Chapter 3780, effective December 7, 2023. Chapter 3780 authorizes and regulates the recreational use of cannabis by adults over twenty-one...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

McNees Wallace & Nurick LLC

Now that marijuana is legal in Maryland, what do employers need to know?

Effective July 1, 2023, Maryland became the 21st state to legalize recreational cannabis.  Individuals 21 and over may now purchase, possess, and use cannabis products without fear of criminal repercussions in the state. ...more

Lathrop GPM

Employers Should Take Note of Important Minnesota Employment Law Developments From the 2023 Legislative Session

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The 2023 Minnesota legislative session was an active one and has resulted in a number of new employment law obligations for employers with Minnesota-based employees...more

Lerch, Early & Brewer

What Maryland’s Legalization of Recreational Marijuana Means for Employers

Lerch, Early & Brewer on

After July 1, a whiff of weed in the air means a Marylander is taking advantage of the new state law legalizing recreational marijuana. It also means potential issues for employers when it comes to how they handle off-duty...more

Jackson Lewis P.C.

Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use

Jackson Lewis P.C. on

Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two...more

Winthrop & Weinstine, P.A.

Minnesota Employers and Recreational Marijuana: Answers to Frequently Asked Questions Regarding Cannabis Legalization in Minnesota

The Minnesota Legislature has passed legislation legalizing adult recreational cannabis use. The bill has been approved by both the House and Senate, and has been sent to the Governor’s desk for approval. This is a mere...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

Littler on

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

McGlinchey Stafford

Use of Cannabis by Workers in Safety-Sensitive Positions

McGlinchey Stafford on

States Regulating Marijuana Use Off-Site and At Work- While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...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

Constangy, Brooks, Smith & Prophete, LLP

Constangy Webinar - Marijuana in the Workplace: Guiding Employers Through the Cannabis Maze

Join Constangy partners Keya Denner, Ashley Orler and Nestor Barrero as they review current cannabis laws and workplace protections, discuss changes to cannabis laws on the horizon, including the California Fair Employment...more

Fisher Phillips

4 Trends for Cannabis Industry Employers to Track in 2023

Fisher Phillips on

The cannabis industry is growing at a rapid pace given the proliferation of states legalizing medical and recreational use. Indeed, most states already have a comprehensive medical cannabis program, and many are rolling out...more

McAfee & Taft

Court upholds firing of marijuana cardholders discharged after positive weed test

McAfee & Taft on

Oklahoma and Arkansas medical marijuana laws - Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more

FordHarrison

Missouri Employers Beware: Employment Protections Under Constitutional Amendment 3

FordHarrison on

On November 8, 2022, Missouri voters passed Constitutional Amendment 3 (the “Amendment”), which made limited marijuana use lawful in the State of Missouri for persons over the age of 21.  The Amendment took effect December 8,...more

Orrick, Herrington & Sutcliffe LLP

Cannabis and the Workplace in California: AB 2188

As many states have legalized medical and recreational cannabis use, state employment laws relating to marijuana use have also evolved. California now joins a growing list of states and cities that protect employees and...more

Littler

On the Ballot – Tip Credit, Marijuana, Union Membership, and More

Littler on

In addition to the laws enacted by state and local legislatures, there are proposed measures on the ballot this week that may also impact the workplace.  Some of these key ballot initiatives are discussed...more

Husch Blackwell LLP

President Biden’s Pardon of Federal Marijuana Convictions and Its Impact on Employers

Husch Blackwell LLP on

Key Points- •On October 6, 2022, President Biden issued a full pardon for all federal convictions for simple possession of marijuana, urged state governors to pardon state-level possession convictions, and encouraged...more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

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Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

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