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Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more
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
We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more
The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more
Ohio employers need to prepare now that legalized recreational cannabis sales have kicked off – and your workers will be able to legally purchase the drug throughout the state. Beginning August 6, Ohioans 21 years of age or...more
Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more
When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more
Source: MetroBuilders' Construction Law Column With 24 states, including New Jersey, having legalized the recreational use of marijuana, it is not surprising that marijuana consumption poses significant challenges for all...more
Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a...more
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
The latest round of labor and employment law updates includes several changes impacting employers in jurisdictions across the nation, summarized below. Colorado - Effective February 1, 2026 On May 17, 2024, Governor Polis...more
Cannabis in the workplace: allowed or banned? Although possession of cannabis is now legal (up to certain limits), this does not mean that employees can work under the influence of cannabis....more
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more
Businesses in the Sunshine State should start thinking about how a ballot initiative to legalize recreational cannabis could impact their workplace policies and practices. The Florida Supreme Court recently approved the...more
Discussions about marijuana testing in the workplace have taken over HR circles. There has been a shift from testing, sparking debate and raising questions. What does the future look like for marijuana testing – and is there...more
In a recent development from Trenton, a proposed bill aims to tighten regulations regarding suspected marijuana impairment while driving. Under this legislation, drivers suspected of being under the influence of marijuana...more
In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more
In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more
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
These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
California employers should take steps now to ensure their policies and practices align with new employment protections for cannabis consumption. Specifically, employers in the state are now barred from discriminating against...more
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