News & Analysis as of May 4, 2025

Drug Testing

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Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2025

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Toking the Line: Where Medical Marijuana Meets Employment Law

Snell & Wilmer on 4/7/2025

The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2024

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

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper Locke on 10/24/2023

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on 6/22/2023

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on 8/12/2022

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

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on 3/29/2021

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

A history of the decline and rise of the marijuana empire

Constangy, Brooks, Smith & Prophete, LLP on 10/6/2020

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

Navigating State-Authorized Medical, Recreational Marijuana In The Manufacturing Sector

Jackson Lewis P.C. on 8/14/2020

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

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on 8/30/2019

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on 7/30/2019

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

Update on Marijuana in the Workplace

Adler Pollock & Sheehan P.C. on 7/9/2019

For employers who attended the recent AP&S seminar on “Marijuana in the Workplace,” as well as all employers looking to stay informed of new developments in this area of the law, the Rhode Island General Assembly has now...more

Michigan Brings Legalized Recreational Marijuana to the Midwest

Foley & Lardner LLP on 1/16/2019

Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and...more

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on 1/3/2019

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2019

A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more

Employment Compliance In The Age Of Legalized Marijuana

Fox Rothschild LLP on 7/23/2018

Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/5/2017

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

Medical Marijuana Users Can Sue Their Employers

Harris Beach Murtha PLLC on 8/16/2017

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on 6/9/2017

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Medical Marijuana and an Employer’s Rights in DC, Maryland, and Virginia

Conn Maciel Carey LLP on 5/25/2016

The District of Columbia, Maryland, and Virginia have all taken steps toward legalizing marijuana in some form. However, these laws differ in many respects and raise some interesting questions for employers. Because medical...more

Haze Lifting on Employer's Rights and Medical Marijuana

Hinshaw & Culbertson LLP on 1/14/2016

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to...more

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

Seyfarth Shaw LLP on 7/17/2015

In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

Colorado Medical Marijuana Case is Not as Far-Reaching as Expected

Clark Hill PLC on 6/27/2015

On June 15, 2015, the Colorado Supreme Court issued its highly anticipated decision in Coats v. Dish Network. In a unanimous decision, the court in Coats upheld the termination of an employee who failed a random drug test...more

Colorado Supreme Court Plays Debbie Downer for Medical Pot Users

Foley & Lardner LLP on 6/24/2015

The wait is finally over. Employers in Colorado – and in other states with similar lifestyle laws – can breathe a sigh of relief following a recent ruling by the Colorado Supreme Court. In Coats v. Dish Network, a...more

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

Proskauer - Law and the Workplace on 6/23/2015

Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network,...more

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