News & Analysis as of

Medical Marijuana Employer Liability Issues

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 -
Fisher Phillips

Medical Marijuana In Missouri: New Law Brings New Questions For Employers

by Fisher Phillips on

Missouri voters approved Amendment 2 on Election Day 2018, one of the three medical marijuana measures appearing on the state’s ballot. Amendment 2 adds an article to the Missouri Constitution legalizing medical use of...more

Jackson Lewis P.C.

What Employers Should Watch For In Election 2018

by Jackson Lewis P.C. on

Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely....more

Cozen O'Connor

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

by Cozen O'Connor on

Navigating the landscape of reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be particularly challenging to clients in the healthcare industry. ...more

Shipman & Goodwin LLP

Employment Law Letter - Fall 2018

by Shipman & Goodwin LLP on

In the first substantive court decision involving Connecticut’s Palliative Use of Marijuana Act (PUMA), a federal judge has ruled that an employer cannot refuse to hire a medical marijuana user simply because he or she fails...more

Parker Poe Adams & Bernstein LLP

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

Bradley Arant Boult Cummings LLP

Weeding Out a Job Candidate, Literally: Connecticut Court Weighs in on Medical Marijuana Laws and Drug Tests

What do you do with employees who use “legal” marijuana in violation of your Drug-Free Workplace Policy? So far, 30 states and the District of Columbia have enacted laws permitting use of marijuana for medical purposes, and...more

FordHarrison

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

by FordHarrison on

A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more

Shipman & Goodwin LLP

For First Time, Court Protects Medical Marijuana Patient from Discrimination

by Shipman & Goodwin LLP on

One of the benefits of writing a blog as long as I have is that you get to track the progress of a law or legal development over a number of years. It was back in 2012, for example, that I first provided a comprehensive...more

Laner Muchin, Ltd.

Employer Drug Testing Policies Remain In Plaintiffs’ Cross-Hairs

by Laner Muchin, Ltd. on

As restrictions on recreational use of cannabis and cannabinoids loosen across the country, employer drug testing policies continue to come under fire. Employers should be concerned that the U.S. Equal Employment Opportunity...more

Thompson Coburn LLP

Cannabis State-By-State Regulations

by Thompson Coburn LLP on

The Tracking Cannabis blog is proud to announce our first-ever state-by-state ranking of state cannabis regulations based on how favorable they are to cannabis businesses. California leads the pack, but you might be surprised...more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

by Akerman LLP - HR Defense on

A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

Foley & Lardner LLP

Refusing to Hire Medical Marijuana User Puts Employer in Jeopardy

by Foley & Lardner LLP on

The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more

Shipman & Goodwin LLP

Medical Marijuana Protections Tested For First Time

by Shipman & Goodwin LLP on

For the first time, a court in Connecticut has found an employer liable for discriminating against a medical marijuana user. The decision by a federal judge in Noffsinger v. SSC Niantic Operating Company, LLC helps to clear...more

Mintz - Employment, Labor & Benefits...

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

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

Genova Burns LLC

PUMA Provision Provides Powerful Position for Prospective Employee in Connecticut Medical Marijuana Case

by Genova Burns LLC on

The magical mystery tour of medical marijuana-related employment litigation continued earlier this month with a decision out of the U.S. District Court for the District of Connecticut in the case of Noffsinger v. SSC Niantic...more

Manatt, Phelps & Phillips, LLP

Medical Marijuana User Wins Discrimination Suit Against Prospective Employer

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

Fox Rothschild LLP

Federal Court Rules For Applicant In Medical Marijuana Employment Discrimination Case

by Fox Rothschild LLP on

Over at In the Weeds, our Firm’s blog on the developments in cannabis law, my colleague Joseph McNelis shares a breaking development at the intersection of cannabis law and employment discrimination law. This legal...more

Saul Ewing Arnstein & Lehr LLP

Federal Court Rules that Federal Contractor’s Refusal to Hire Medical Marijuana User Violated State Law

In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who...more

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

More Buzz in Connecticut on Medical Marijuana in the Workplace

A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Connecticut Federal Court Provides Guidance to PA Employers on Post-Offer/Pre-Employment Drug Testing

by McNees Wallace & Nurick LLC on

Two years ago, when the Pennsylvania Medical Marijuana Act (MMA) passed, we advised employers that the Act contained an express anti-discrimination provision providing that...more

Orrick - Global Employment Law Group

Connecticut Employer’s Defenses on Medical Marijuana User’s Discrimination Claim Go Up in Smoke

A federal court in Connecticut recently granted summary judgment to a prospective employee on an employment discrimination claim brought under Connecticut’s Palliative Use of Marijuana Act (PUMA)....more

Seyfarth Shaw LLP

Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more

Fox Rothschild LLP

Connecticut Federal Court Grants Medical Marijuana User Summary Judgment On Employment Discrimination Claim

by Fox Rothschild LLP on

A federal district court in the District of Connecticut recently granted summary judgment to a plaintiff who brought a claim against an employer that withdrew a job offer due to the plaintiff’s positive drug test for...more

Littler

Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense

by Littler on

A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Judge In Connecticut Confirms Medical Marijuana Protection

The court found in favor of the plaintiff, holder of a medical marijuana card. Last week, a federal judge in Connecticut found in favor of a woman whose job offer was withdrawn after she tested positive for medical...more

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