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Medical Marijuana › Drug-Free Workplace Act

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 -
Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Venable LLP

Marijuana Users Scoring New Employment Protections

Venable LLP on

​​​​​​​A little more than a decade ago, marijuana use was illegal in every state. Marijuana use is now fully legal in 18 states and the District of Columbia, and an additional 18 states allow use for medical reasons. Going...more

Fox Rothschild LLP

School Districts Must Be Cautious With Employees And Job Applicants Who Use Medical Marijuana

Fox Rothschild LLP on

A Pennsylvania appellate court's decision last month established that workers now have a private right to sue employers for alleged discrimination under Pennsylvania’s Medical Marijuana Law. For school entities, the...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

What Employers Need To Know As Connecticut Legalizes Recreational Marijuana

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Medical Marijuana/Employment-Safety Issues for the Oil/Gas Industry: May 26th Arkansas Independent Producers and Royalty Owners...

Mitchell, Williams, Selig, Gates & Woodyard,... on

My law firm colleague Nate Read and I undertook a presentation at the May 26th virtual meeting of the Arkansas Independent Producers and Royalty Owners (“AIPRO”) - The presentation was titled: Medical Marijuana:...more

Jackson Lewis P.C.

Alabama Enacts Medical Marijuana Law

Jackson Lewis P.C. on

Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more

ArentFox Schiff

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

McManis Faulkner

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

McManis Faulkner on

Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana In California (part one)

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

Roetzel & Andress

Are School Districts Required To Accommodate Employees' Use Of Medical Marijuana?

Roetzel & Andress on

Medical marijuana has finally arrived. Over 53,000 Ohio residents have applied for and received medical marijuana cards. Ohio’s first dispensaries have opened and begun selling marijuana recommended by physicians for the...more

Perkins Coie

New Legislation Lets Students Use Medical Marijuana at School

Perkins Coie on

Washington Governor Jay Inslee signed into law legislation in April 2019 that requires school districts to allow parents and guardians to administer to their child marijuana-infused medications on school grounds, in school...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on

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

Proskauer - Law and the Workplace

New Jersey Expands Medical Marijuana Protections

Proskauer - Law and the Workplace on

On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide...more

Partridge Snow & Hahn LLP

Alicia Samolis: Employment and Labor Law

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We hope you enjoy this edition of Three Things, a new effort from Partridge Snow & Hahn that identifies three timely and noteworthy items our attorneys think you could find helpful and interesting....more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

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

Michigan Court of Appeals Rules in Favor of Employer in Medical Marijuana Case

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

On February 19, 2019, the Michigan Court of Appeals issued a ruling in Eplee v. City of Lansing, clarifying that the Michigan Medical Marihuana Act (MMMA) does not create “an independent right protecting the medical use of...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

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

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

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

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

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

Manatt, Phelps & Phillips, LLP

Medical Marijuana User Wins Discrimination Suit Against Prospective Employer

Manatt, Phelps & Phillips, LLP on

Why it matters - Ruling in a closely watched case, a federal court in Connecticut held that the refusal to hire a medical marijuana user because she tested positive on a pre-employment drug test violated state law....more

Obermayer Rebmann Maxwell & Hippel LLP

Employers Should Know This About Today’s Marijuana Laws

Obermayer Rebmann Maxwell & Hippel LLP on

Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies. Employers can be placed in a difficult position of trying to enforce these policies, while...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Partridge Snow & Hahn LLP

Accommodating Medical Marijuana Users: A National Trend?

Partridge Snow & Hahn LLP on

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

Foley Hoag LLP

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

Foley Hoag LLP on

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim...more

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