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Medical Marijuana › Americans with Disabilities Act (ADA)

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Snell & Wilmer

Toking the Line: Where Medical Marijuana Meets Employment Law

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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

Whiteford

Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work

Whiteford on

In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...more

Vicente LLP

New Jersey Cannabis Dispensaries Can Now Apply for Consumption Lounge Licenses

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The New Jersey Cannabis Regulatory Commission (CRC) began accepting applications for cannabis consumption area endorsements on January 2, 2025. The Commissioners adopted the Notice of Application Acceptance for cannabis...more

Bricker Graydon LLP

Labor and Employment Cases in the 2024/2025 Supreme Court Term

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The Supreme Court of the United States opened up the new term on October 7, 2024. The Court is currently slated to address 40 cases this term. Oral arguments will be heard for nine cases in October and an additional seven in...more

Jackson Lewis P.C.

Pittsburgh to Limit Employers’ Ability to Drug-Test Medical Marijuana Patients

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The Pittsburgh City Council unanimously passed an ordinance prohibiting discrimination against medical marijuana patients in the workplace and limiting certain types of marijuana drug testing by employers as to these...more

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

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Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Constangy, Brooks, Smith & Prophete, LLP on

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Constangy, Brooks, Smith & Prophete, LLP on

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

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

Miles & Stockbridge P.C.

Where States Stand on Medical Marijuana in the Workplace

Miles & Stockbridge P.C. on

A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by...more

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

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

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

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

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

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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

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

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

Balch & Bingham LLP

Employers Review Policies As Medical Cannabis Sales Begin In Mississippi

Balch & Bingham LLP on

With the first legal sales of medical cannabis recently occurring in Mississippi, employers should again take time to review (or familiarize) themselves with how Mississippi’s recent action in legalizing medical cannabis...more

McGlinchey Stafford

To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness

McGlinchey Stafford on

We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more

Jackson Lewis P.C.

Puerto Rico Disability Discrimination Law Covers Registered and Authorized Medical Cannabis Patients

Jackson Lewis P.C. on

Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients....more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Weed policy options for multi-state employers -- are there any?

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As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Perkins Coie

Mississippi Legalizes Medical Marijuana

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On February 2, 2022, Republican Governor Tate Reeves signed the Mississippi Medical Cannabis Act (Act), which legalizes medical marijuana for the treatment of certain debilitating conditions. Those debilitating conditions...more

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