News & Analysis as of September 19, 2024

Medical Marijuana › Employment Litigation

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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... 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 -

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/27/2024

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

Littler on 3/20/2024

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

Where States Stand on Medical Marijuana in the Workplace

Miles & Stockbridge P.C. on 3/18/2024

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

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

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

Woods Rogers on 9/1/2023

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

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

Woods Rogers on 9/1/2023

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

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

Woods Rogers on 9/1/2023

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

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

Woods Rogers on 9/1/2023

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

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

Woods Rogers on 9/1/2023

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

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

Littler on 9/1/2022

Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

What the Court’s Treatment of Roe and a Workers’ Compensation Case Reveal about President Biden’s Approach to Cannabis

Bradley Arant Boult Cummings LLP on 6/15/2022

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...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

The Top 17 Workplace Law Stories from February 2022

Fisher Phillips on 3/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

To Be Blunt: The NJLAD Does Not Bar Arbitration of Medical Marijuana User’s Employment Claims

Genova Burns LLC on 2/28/2022

On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive...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

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on 8/20/2021

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA). Palmiter v. Commonwealth Health Sys.,...more

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/18/2021

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

Ballard Spahr LLP on 8/11/2021

On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

White and Williams LLP on 5/25/2021

Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in...more

N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

Holland & Knight LLP on 5/6/2021

Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v....more

New Jersey Supreme Court Rules that Employees can be Reimbursed for Medical Marijuana Expenses

Saiber LLC on 4/30/2021

The New Jersey Supreme Court recently issued a significant decision in the area of cannabis law. In Hager v MK Construction, the New Jersey Supreme Court affirmed that medical cannabis prescriptions are lawful under workers...more

The Cannabis Conundrum: A Warning For Employers

Kelley Drye & Warren LLP on 2/8/2021

While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers...more

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

McNees Wallace & Nurick LLC on 10/19/2020

Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/13/2020

On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more

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