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Medical Marijuana › Zero Tolerance Policies

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 -
Troutman Pepper

Oregon Aspergillus Testing No Longer Required, but Requirements Vary Across States

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As a result of a legal challenge by the Oregon Cannabis Industry Alliance and cannabis cultivators in Oregon, the Oregon Health Authority’s (OHA) aspergillus fungus testing rule for marijuana, marijuana products, and...more

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

Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed

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

As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times per month....more

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

Obermayer Rebmann Maxwell & Hippel LLP on

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Bradley Arant Boult Cummings LLP

Medical Marijuana and the Construction Industry: Effective Drug Testing Policy and Compliance

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Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more

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

Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

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On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of...more

McNees Wallace & Nurick LLC

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

McNees Wallace & Nurick LLC on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Epstein Becker & Green

New Regulations Emphasize Discounts to Delaware Employers with Drug-Free Workplace Programs

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Delaware is reminding its employers that a safe, drug-free workplace can pay. On February 1, the state’s Department of Insurance (the “Department”) amended its regulations to emphasize the availability of workers’...more

Foley & Lardner LLP

Zero Tolerance for Zero Tolerance Marijuana Policies?

Foley & Lardner LLP on

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

Seyfarth Shaw LLP

Weed at Work: Should Employers Expand “Alcohol at Work” to Cover Recreational Cannabis?

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Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. ...more

Troutman Pepper

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

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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

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

Jaburg Wilk

Medical Marijuana Can be a Tricky Issue for Arizona Employers

Jaburg Wilk on

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

Benesch

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

Benesch on

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

Roetzel & Andress

Are Employers Required To Accommodate Medical Marijuana?

Roetzel & Andress on

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

Epstein Becker & Green

Employment Law This Week®: Cannabis User Protections, WHD Opinion Letters, New Salary History Bans, NYS Anti-Harassment Training...

Epstein Becker & Green on

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into August 2019. The episode includes: 1. Increased Employee Protections for Cannabis Users Employment...more

Burns & Levinson LLP

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

Burns & Levinson LLP on

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

FordHarrison

What New Jersey's New Medical Marijuana Law Means for Employers Wondering How to Deal with Employee Cannabis Use

FordHarrison on

Executive Summary: On July 2, 2019, New Jersey Governor Phil Murphy signed a much-anticipated bill into effect that expands and revises the state’s existing medical cannabis program, the Compassionate Use of Medical Marijuana...more

McDermott Will & Emery

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Emery on

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

Fisher Phillips

The ABCs Of CBD For Employers

Fisher Phillips on

An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair employees? If an employee or applicant tests positive on a drug test and...more

Parker Poe Adams & Bernstein LLP

Can Employers Stop Testing for Marijuana?

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Over the past year, we have had a number of employers ask about removing marijuana from the panel of illegal substances screened for applicants and/or employees. Some of these companies cite the low unemployment rate, stating...more

Bennett Jones LLP

Inability to Measure Cannabis Impairment Justifies Zero-Tolerance Policy

Bennett Jones LLP on

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

Miller Canfield

Michigan Court Confirms that Public Employers May Enforce Zero-Tolerance Drug Policies

Miller Canfield on

The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more

Bradley Arant Boult Cummings LLP

Changing Marijuana Laws and Effective Drug Testing Policy

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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

Bradley Arant Boult Cummings LLP

Cannabis and the Contractor: Effective Drug Testing Policy and Compliance

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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

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