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

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

Parker Poe Adams & Bernstein LLP on 7/26/2024

Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more

DOJ Publishes Proposed Rule to Reschedule Cannabis

Seyfarth Shaw LLP on 5/20/2024

Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug...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

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on 3/26/2024

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...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

[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

OHIO Issue 2 - What Happens if it Passes?

Bricker Graydon LLP on 11/6/2023

For Employers, passage of Issue 2 will not change anything on Day 1. Down the road, the impact remains to be seen. Ohio Issue 2, verbatim, states the following related to employers...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

Delaware Legalizes Recreational Marijuana

Jackson Lewis P.C. on 4/24/2023

Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who...more

Pennsylvania Court Holds that It Is “High Time” Employers Reimburse Employees Who Use Medical Marijuana to Treat Work Related...

Seyfarth Shaw LLP on 4/4/2023

On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more

Lancaster County Judge Addresses Definition of “Under the Influence” for Purposes of the Safety Exception in the PA Medical...

McNees Wallace & Nurick LLC on 3/8/2023

On January 10, 2023, Lancaster County Court of Common Pleas Judge Jeffrey Wright addressed the question that has been plaguing employers since the passage of the PA Medical Marijuana Act (the “Act”) – what constitutes being...more

Trickledown of Pennsylvania’s Medical Marijuana Act: Relying on Reasonable Suspicion Programs In Place of Routine Marijuana...

Tucker Arensberg, P.C. on 2/28/2023

Last issue, we discussed whether it still makes sense for local employers to routinely test employees and applicants for marijuana considering Pennsylvania’s Medical Marijuana Act, changing social/political landscapes, and...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

Reduce Your Risk of Employment Claims in 2023 – Tips #1 and #2

Pullman & Comley - Labor, Employment and... on 1/24/2023

The new year presents an opportunity to look at your organization with fresh eyes. It can also be the best time to identify potential problem areas and take action to mitigate risk. ...more

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

Littler on 1/5/2023

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

The Site Report - Construction Law Insights, Issue 12, December 2022

Spilman Thomas & Battle, PLLC on 1/3/2023

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...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

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

Rivkin Radler LLP on 10/21/2022

Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on 10/4/2022

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

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