News & Analysis as of

Decriminalization of Marijuana State and Local Government Employer Liability Issues

Fisher Phillips

From Cannabis to Minimum Wage and Beyond: A Recap of Workplace Law Issues on State Ballots this Election Day

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Voters will be deciding more than just who will capture the White House and Congress this Election Day – they’ll also be voting on a slew of state ballot measures that could change your workplace. How can you prepare? Read...more

Dinsmore & Shohl LLP

[Webinar] Medical Marijuana Laws in Kentucky - What You Need to Know - February 21st, 12:00 pm - 1:00 pm ET

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The vast majority of States and the District of Columbia have now legalized the use of medical marijuana, with Kentucky set to join this list in 2025. The fast pace and varied approaches seen in this emerging field have...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

Stinson LLP

Update: HF100, the Legalization of Adult-Use Cannabis in Minnesota

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For the first time in nearly a decade, one-party control returned to Minnesota in 2022, with the Democratic-Farmer-Labor (DFL) party taking control of all of the levers of state government. This led to an extraordinarily...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

ArentFox Schiff

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct

ArentFox Schiff on

Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more

Littler

Minnesota Legalizes THC Products, Germinates New Drug-Free Workplace Issues

Littler on

In a move that surprised even some lawmakers who passed the bill, Minnesota recently became the latest state to legalize some form of marijuana for recreational use. As of July 1, 2022, Minnesotans who are at least 21 years...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

Bradley Arant Boult Cummings LLP

MORE Than Meets the Eye? How Federal Marijuana Legalization Legislation Could Affect Employers

Roughly a month ago, the U.S. House of Representative voted to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which decriminalizes marijuana under federal law. Most notably, the MORE Act would remove...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Epstein Becker & Green

Marijuana Legalization Rundown: Recent Judicial Decisions

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As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year.  Along with those laws has come a number of recent court decisions...more

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

New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know

As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things,...more

Sands Anderson PC

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

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Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

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

Alabama Legislature Approves Medical Marijuana: Roll Tide! (and a Joint?)

On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more

Mintz - Employment Viewpoints

New York Amends its Off-Duty Conduct Law to Account for Marijuana Use

New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally...more

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

Marijuana Laws Affecting the Workplace: Tools Employers Can Use to Stay Ahead During High Times

As Judge Richard A. Licht (quoting a slightly more famous source) said in a 2017 court opinion: “I get high with a little help from my friends.” Four years later, employers may be asking themselves which of their employees...more

Littler

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

Littler on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal...more

Littler

Recreational Marijuana Use Away from Work Now Protected in New York

Littler on

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers...more

Saiber LLC

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

Saiber LLC on

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to...more

FordHarrison

New Jersey's Recreational Cannabis Bill Contains New Employment Protections and Unique Drug Testing Requirements

FordHarrison on

On February 22, 2021, New Jersey Governor Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) into law. The move follows New Jersey voters’ passage of a ballot...more

Cozen O'Connor

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies

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Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant...more

Chartwell Law

Case Law and Statutory Updates on the Legalization of Marijuana in New Jersey

Chartwell Law on

Employers continue to navigate the consequences of the use of medicinal marijuana within the workplace. With the passing of Senate Bill No. 21, which went into effect on January 1, 2021, the legalization of the use,...more

McNees Wallace & Nurick LLC

New Jersey Legalized Recreational Cannabis – What do Pennsylvania Employers Need to Know?

On February 22, 2021, New Jersey Governor Phil Murphy signed three bills that legalize the use of cannabis for those over the age of 21, decriminalize possession of less than six ounces of cannabis and establish civil...more

Littler

Off-Duty Recreational Cannabis Use to be Protected in New Jersey

Littler on

After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing...more

Morgan Lewis

Legalized Recreational Cannabis and the New Jersey Workplace – What Employers Need to Know

Morgan Lewis on

New Jersey Governor Phil Murphy signed legislation on February 22 enabling the constitutional amendment to legalize adult recreational use of cannabis and a companion decriminalization bill. Each law has significant...more

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