News & Analysis as of

State and Local Government Zero Tolerance Policies

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

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana...more

Troutman Pepper

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

Troutman Pepper on

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

Seyfarth Shaw LLP

High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

Seyfarth Shaw LLP on

Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more

Littler

Minnesota Legalizes THC Products, Germinates New Drug-Free Workplace Issues

Littler on

In a move that surprised even some lawmakers who passed the bill, Minnesota recently became the latest state to legalize some form of marijuana for recreational use. As of July 1, 2022, Minnesotans who are at least 21 years...more

Littler

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

Littler on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal...more

Bradley Arant Boult Cummings LLP

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

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

Cozen O'Connor

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies

Cozen O'Connor on

Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant...more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

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

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

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

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

Epstein Becker & Green on

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

Benesch

Drug Testing in the Age of Cannabis Legalization

Benesch on

Last, week, Governor Pritzker signed into law an amendment to the Illinois Cannabis Regulation and Tax Act (the “CRTA”). The CRTA, signed by Governor Pritzker last June, permitted employers in Illinois to prohibit the use of...more

Troutman Pepper

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper on

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

Akerman LLP - HR Defense

Avalanche of New Laws Create Additional Requirements for Illinois Employers

Illinois employers must be cognizant of new Illinois laws including bans on salary history inquiries, restrictions on artificial intelligence interview programs, mandatory sexual harassment prevention training, limitations on...more

Akerman LLP - HR Defense

Smoke Clears For Employers Under New Illinois Marijuana Law

As marijuana legalization laws spread, some states are more focused on employee protections, but Illinois recently adopted a new marijuana law that includes extensive workplace protections for employers. Last month, the...more

Clark Hill PLC

Will the Grass Be Greener? Illinois New Recreational Cannabis Law

Clark Hill PLC on

On June 25, 2019, Governor Pritzker signed into law the Cannabis Regulation and Tax Act, which on January 1, 2020, makes it legal in the State of Illinois for any individual over the age of 21 to possess 30 grams (i.e. an...more

Vedder Price

Illinois’ Legalization of Marijuana May Change the Drug-Free Workplace Landscape

Vedder Price on

Recreational cannabis is poised to become legal in Illinois in 2020, and Illinois employers should consider the impact now. In late May 2019, the Illinois House and Senate approved the Cannabis Regulation and Tax Act (the...more

Holland & Knight LLP

Illinois Legislature Legalizes Recreational Marijuana - An Overview of the Cannabis Regulation and Tax Act

Holland & Knight LLP on

• On May 31, 2019, the Illinois General Assembly adopted the Cannabis Regulation and Tax Act (the Act) – legalizing the sale, possession and use of marijuana for recreational purposes by adults over age 21 starting Jan. 1,...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Foley & Lardner LLP

“High” Stakes for Employers Dealing With Evolving Cannabis Laws

Foley & Lardner LLP on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Not Up In Smoke: Employers Can Still Enforce Drug Policies

Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January...more

Parker Poe Adams & Bernstein LLP

New Florida Law Demonstrates Tension Between Medical Marijuana and Employer Drug Policies

Florida Governor Rick Scott recently signed into law a medical marijuana use bill that was prompted by a voter referendum that amended the Florida Constitution to provide certain patients the right to use marijuana for...more

Fisher Phillips

In The Weeds: Florida Lawmakers Provide Medical Marijuana Guidance For The Workplace

Fisher Phillips on

Florida Governor Rick Scott signed a medical marijuana bill into law on Friday that provides guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. The good news for employers:...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide