News & Analysis as of September 19, 2024

Drug Testing

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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 -

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

Littler on 6/7/2024

The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills...more

Right-to-Weed States: Assessing Impairment and Managing Employee Conduct in the Workplace

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/12/2023

On May 9, 2023, the Washington state governor signed a law that will make it unlawful for employers to discriminate against hiring a person based on their marijuana usage, making Washington the latest state to become a...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

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

[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

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

Parker Poe Adams & Bernstein LLP on 9/23/2022

Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

Bradley Arant Boult Cummings LLP on 9/1/2022

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

New York Legalizes Recreational Marijuana

Jackson Lewis P.C. on 4/2/2021

New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin...more

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

Saiber LLC on 3/15/2021

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey. The legalization of cannabis, more commonly referred to...more

Drug Testing Legislation in 2020: A Look Back

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/28/2020

We would all be excused for wanting 2020 to disappear in a fog of medical marijuana. Here is a recap: As we predicted in 2019, most of this year’s action concerned medical and recreational marijuana. Not to be missed,...more

Medical Marijuana Musings (Two Years Later)

McNees Wallace & Nurick LLC on 2/10/2020

Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

Rumberger | Kirk on 1/31/2020

With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

The Time Is Now for Employers in Illinois to Abide by New Laws

Sheppard Mullin Richter & Hampton LLP on 1/10/2020

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on 12/19/2019

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Medical Marijuana in the Workplace: What's Next?

Rumberger | Kirk on 9/24/2019

In 2016, Florida voters soundly passed Amendment 2, Florida’s medical marijuana law, with over 71% of the vote. Since then, two bills have been passed implementing the law, there was one high-profile lawsuit targeting the...more

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on 9/5/2019

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

New Oklahoma medical marijuana rules go into effect Friday

McAfee & Taft on 8/28/2019

When Oklahoma’s new medical marijuana law goes into effect this Friday, August 30, employers will have more ways to maintain a safe workplace. Under the current law, employers have been able to discharge any employee who...more

Flower to the People: Employees Gain Workplace Protections in New Jersey’s Amended Medical Cannabis Law

Genova Burns LLC on 8/7/2019

Employees and job applicants in New Jersey who are lawful medical cannabis users can hold their heads up high at work, thanks to several added workplace protections in New Jersey’s amended medical cannabis law. New...more

High Times Continue – Illinois Enacts Recreational Cannabis Law

Seyfarth Shaw LLP on 6/28/2019

Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

Littler on 6/26/2019

Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana. Under A.B. 132, employers are generally prohibited from...more

New Mexico’s Expanded Employment Protections for Medical Marijuana Users

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/11/2019

In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law,...more

Oklahoma Medical Marijuana and Patient Protection Act addresses workplace safety concerns for employers

McAfee & Taft on 3/15/2019

Oklahoma took its second major step into the field of medical marijuana yesterday, as Governor Stitt signed into law the so-called “Unity Bill” — a comprehensive measure designed to add regulatory clarity in the industry made...more

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

Fisher Phillips on 11/8/2018

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

Next steps for Oklahoma employers as medical marijuana initiative passes

McAfee & Taft on 6/27/2018

As a result of yesterday’s vote, Oklahoma became the 30th U.S. state to legalize the use of medical marijuana. As mentioned in our earlier webinar and other communications on this topic, for months we’ve been reviewing this...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on 1/30/2018

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

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