The Blunt Truth About Testing Employees For Marijuana In California (part one)
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
On December 7, 2023, Ohio legalized adults possessing 2.5 ounces of cannabis in any form. With recreational marijuana use now legal in twenty-four states, many college students wonder if they can possess and use marijuana at...more
On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the...more
Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more
Finding and keeping dependable employees has always been a priority for employers. For manufacturers, drug testing is a tried-and-true method of weeding out employees who may be less dependable. However, the COVID-19 pandemic...more
The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more
New legislation in California gives off-duty cannabis users the right to fight discrimination in the workplace and prohibits California employers from firing workers or refusing to hire applicants solely due to a positive...more
The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification...more
A little more than a decade ago, marijuana use was illegal in every state. Marijuana use is now fully legal in 18 states and the District of Columbia, and an additional 18 states allow use for medical reasons. Going...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more
An Employee Handbook Should Fit the Current Workplace Model - Following Covid-19 shutdowns, many employers have moved to a hybrid workplace, where a section of the employees works remotely for all or part of their...more
A Pennsylvania appellate court's decision last month established that workers now have a private right to sue employers for alleged discrimination under Pennsylvania’s Medical Marijuana Law. For school entities, the...more
Employers in the health care sector with any operations in New York City face new questions in light of the passage of state and city laws that protect the legal use of marijuana and limit workplace drug testing. With...more
Connecticut Governor Andrew Ned Lamont signed into law on June 22, 2021 An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (the Act), which essentially legalized the recreational use of marijuana in...more
My law firm colleague Nate Read and I undertook a presentation at the May 26th virtual meeting of the Arkansas Independent Producers and Royalty Owners (“AIPRO”) - The presentation was titled: Medical Marijuana:...more
Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more
For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more
On February 22, 2021, New Jersey moved one step closer to the realization of legalization of recreational marijuana. While voters approved legalization of marijuana for recreational use in November, 2020, the details of how...more
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
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
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
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
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into November 2019. The episode includes: 1. New California Law Arguably Preempted by FAA California has passed...more
Medical marijuana has finally arrived. Over 53,000 Ohio residents have applied for and received medical marijuana cards. Ohio’s first dispensaries have opened and begun selling marijuana recommended by physicians for the...more
Washington Governor Jay Inslee signed into law legislation in April 2019 that requires school districts to allow parents and guardians to administer to their child marijuana-infused medications on school grounds, in school...more
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