News & Analysis as of September 22, 2024

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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 -

New York Employers: Engage in the Interactive Process Before Disciplining Medical Marijuana Users

Epstein Becker & Green on 5/14/2020

Failing a drug test may not kill the buzz for medical marijuana patients in the Empire State. In contrast to courts in California and other jurisdictions, a New York state court has held that medical marijuana users are...more

Zero Tolerance for Zero Tolerance Marijuana Policies?

Foley & Lardner LLP on 2/11/2020

Employers are undoubtedly aware of the ever-changing landscape of marijuana laws across the country. Complicating matters for larger employers is that these evolving statutes are creatures of state law with little uniformity...more

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper on 11/22/2019

Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

Medical Marijuana Can be a Tricky Issue for Arizona Employers

Jaburg Wilk on 9/28/2019

In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they...more

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on 8/30/2019

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Are Employers Required To Accommodate Medical Marijuana?

Roetzel & Andress on 8/16/2019

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

Supplementing the Pink Slip for a Green Stamp of Approval – Rising Trends of New Employment Protections for Registered Cannabis...

Burns & Levinson LLP on 7/25/2019

Early this month, New Jersey enacted new workplace protections for authorized medical cannabis users - Under the new regulations, employers are prohibited from taking an adverse employment action against an existing or...more

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Emery on 6/20/2019

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Inability to Measure Cannabis Impairment Justifies Zero-Tolerance Policy

Bennett Jones LLP on 3/7/2019

The inability to measure and mitigate impairment from medical cannabis means employers can avoid accommodation requests from employees, according to the Newfoundland and Labrador Supreme Court in IBEW, Local 1620 v Lower...more

Changing Marijuana Laws and Effective Drug Testing Policy

Bradley Arant Boult Cummings LLP on 2/7/2019

Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more

Cannabis and the Contractor: Effective Drug Testing Policy and Compliance

Bradley Arant Boult Cummings LLP on 1/10/2019

Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more

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

Bradley Arant Boult Cummings LLP on 10/11/2018

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

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

FordHarrison on 10/9/2018

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

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

Seyfarth Shaw LLP on 9/14/2018

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

“High” Stakes for Employers Dealing With Evolving Cannabis Laws

Foley & Lardner LLP on 5/30/2018

The evolving legalization of marijuana for both medical and recreational uses continues to cause workplace issues for employers. Nine states and the District of Columbia have legalized recreational marijuana, and 32 states...more

Construction One-Minute Read: Medical Marijuana and the Illinois Workplace

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/29/2018

There are roughly 30,000 people with medical marijuana registry identification cards in Illinois, and marijuana dispensaries are becoming a more common sight. As the popularity of this treatment continues to grow, contractors...more

Recent Decisions Suggest that Employers Cannot Terminate or Refuse to Hire Medical Marijuana Cardholders for Failing a Drug Test

Tucker Arensberg, P.C. on 3/27/2018

Two recent decisions from Rhode Island and Massachusetts suggest that employers cannot terminate or refuse to hire medical marijuana cardholders for failing a company drug test. Although these decisions are not binding in...more

A Potential P[l]ot Twist For Medical Marijuana And The ADA

Seyfarth Shaw LLP on 3/6/2018

Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more

Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana

Troutman Pepper on 8/10/2017

Q: My Company wants to institute a drug testing policy that would automatically disqualify an applicant for employment if they test positive for illegal drugs, including medically-prescribed marijuana. Is this legal?...more

Accommodating Medical Marijuana Users: A National Trend?

Partridge Snow & Hahn LLP on 8/7/2017

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

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on 7/20/2017

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

Seyfarth Shaw LLP on 7/19/2017

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

Fisher Phillips on 7/19/2017

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

FordHarrison on 7/3/2017

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

Littler on 6/15/2017

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

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