News & Analysis as of September 19, 2024

Employer Liability Issues

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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 -

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on 9/17/2024

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

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

Jackson Lewis P.C. on 5/2/2024

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

[Webinar] Medical Marijuana Laws in Kentucky - What You Need to Know - February 21st, 12:00 pm - 1:00 pm ET

Dinsmore & Shohl LLP on 1/11/2024

The vast majority of States and the District of Columbia have now legalized the use of medical marijuana, with Kentucky set to join this list in 2025. The fast pace and varied approaches seen in this emerging field have...more

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

Lerch, Early & Brewer on 6/29/2023

DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on 5/19/2023

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Use of Cannabis by Workers in Safety-Sensitive Positions

McGlinchey Stafford on 5/17/2023

States Regulating Marijuana Use Off-Site and At Work- While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more

Effective January 2024, New Washington Law Limits Employers’ Ability to Decline to Hire People for Past Cannabis Use

Miller Nash LLP on 5/11/2023

Although Washington decriminalized recreational use of cannabis in 2012, employers in Washington have been free to deny employment on the basis of any evidence of cannabis use, including pre-hire drug testing, and even if...more

Court upholds firing of marijuana cardholders discharged after positive weed test

McAfee & Taft on 2/20/2023

Oklahoma and Arkansas medical marijuana laws - Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more

Cannabis and the Workplace in California: AB 2188

Orrick, Herrington & Sutcliffe LLP on 11/22/2022

As many states have legalized medical and recreational cannabis use, state employment laws relating to marijuana use have also evolved. California now joins a growing list of states and cities that protect employees and...more

Recreational Marijuana in Missouri Is Coming Soon – What Employers Need to Know

Littler on 11/14/2022

On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have...more

Voters in Two States Approve Marijuana Ballot Initiatives on Election Day 2022

Jackson Lewis P.C. on 11/11/2022

Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota....more

Keep Off the Grass: A Reminder That Employers Must Address the Implications of Connecticut’s Legalization of Recreational Cannabis...

Pullman & Comley - Labor, Employment and... on 6/24/2022

Beginning July 1, 2022, Connecticut’s law legalizing the recreational use of cannabis for adults 21 and over imposes new restrictions on employers while offering protections for employees who indulge. While that might sound...more

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

Bradley Arant Boult Cummings LLP on 5/12/2022

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

Marijuana Criminalization No MORE?

Locke Lord LLP on 5/12/2022

In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift...more

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

Constangy, Brooks, Smith & Prophete, LLP on 4/29/2022

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

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

Bradley Arant Boult Cummings LLP on 4/22/2022

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

Puff, Puff, PASSED: 6 Things Mississippi Employers Need to Know as State Passes Medical Cannabis Act

Fisher Phillips on 2/22/2022

Mississippi just became the 37th state to legalize medical marijuana when Governor Tate Reeves (somewhat begrudgingly) signed a bill into law on February 2 to decriminalize the use of marijuana/cannabis for medical purposes....more

What’s New with Cannabis Compliance in Wisconsin? The Legal, The Illegal, and the Gray Area for Wisconsin Employers

Littler on 2/17/2022

The Wisconsin legislature appears poised to reject a proposal to create a medical marijuana program this legislative session, just a month after the Senate shot down a proposal to legalize marijuana for recreational use....more

Philadelphia Bans Pre-Hire Marijuana Testing for Most Applicants

Morgan Lewis on 12/14/2021

A Philadelphia ordinance prohibiting employers from testing applicants for marijuana as a condition of employment is set to take effect January 1, 2022. The ordinance, which was passed by the Philadelphia City Council and...more

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

Manatt, Phelps & Phillips, LLP on 11/1/2021

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

Cannabis Legalization and its Impact on the Transportation Industry

FordHarrison on 10/15/2021

Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...more

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on 9/28/2021

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Marijuana Legalization Rundown: Recent Judicial Decisions

Epstein Becker & Green on 9/15/2021

As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year. Along with those laws has come a number of recent court decisions...more

Health Care Employer FAQs On Maintaining A Drug-Free Workplace In New York City

Fox Rothschild LLP on 7/29/2021

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

What Employers Need To Know As Connecticut Legalizes Recreational Marijuana

Fox Rothschild LLP on 6/29/2021

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

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