News & Analysis as of September 21, 2024

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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 -

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 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

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

Medical Marijuana In Pennsylvania

Chartwell Law on 3/21/2019

On Sunday, April 17, 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (commonly referred to as “Senate Bill 3” and referenced herein as “the Act”), into law, thereby making Pennsylvania the 24th state to...more

K&L Gates Triage: A Discussion of Labor and Employment Issues in the Health Care Industry

K&L Gates LLP on 3/5/2019

In this episode, Richard Church and Spencer Hamer discuss key takeaways for the health care industry upon certain developments in labor and employment law over the past year. Specifically, this episode provides an overview of...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

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on 9/26/2018

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...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

Employment Law - August 2017 #2

Manatt, Phelps & Phillips, LLP on 8/31/2017

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work - Why it matters - Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

Saul Ewing LLP on 8/21/2017

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

Accommodating Medical Marijuana Users: A National Trend?

Partridge Snow & Hahn LLP on 8/7/2017

Marijuana is a Schedule I drug under the federal Controlled Substances Act, and the use, sale and possession of marijuana remains illegal under federal law. In recent years, however, a majority of states (at last count, 29...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on 7/20/2017

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...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

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

Fox Rothschild LLP on 4/24/2017

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age discrimination. ...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

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