News & Analysis as of

State Labor Laws Decriminalization of Marijuana Recreational Use

Frantz Ward LLP

A Year in Review of Ohio’s Adult Use Cannabis Program for Employers

Frantz Ward LLP on

On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more

Littler

Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Littler on

Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and...more

Bradley Arant Boult Cummings LLP

Senate Proposal Would Weed Out Prior Marijuana Use for Federal Job Applicants

The DOOBIE Act – yes, you read that correctly – could soon become law. While the law isn’t as fun as it might sound to certain cannabis enthusiasts, it would substantially change the hiring practices of the federal government...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 29: Weed in the Workplace with Christy Rogers of Maynard Nexsen

Maynard Nexsen on

Our hosts Tina, Jennie and Christy sit down for an increasingly top of mind topic for many employers - weed in the workplace. Christy offers her insight on how employers can best navigate marijuana issues such as legalized...more

Amundsen Davis LLC

Federal Court Rules Employer Did Not Violate Illinois Privacy Law for Firing Worker Testing Positive for Cannabis

Amundsen Davis LLC on

It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

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

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations....more

Weintraub Tobin

(Podcast) California Employment News: Expanded Workplace Protections Regarding Cannabis Use

Weintraub Tobin on

New laws in 2024 expand workplace protections for employees regarding their current and past cannabis use. Nikki Mahmoudi and Tomiwa Aina review these changes, previewed in our 2024 Employment Law Update seminars, in this...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

UB Greensfelder LLP

Recreational Adult Use of Marijuana Was Approved By Ohio Voters This Week: What Does This Mean for Ohio Employers?

UB Greensfelder LLP on

Earlier this week, Ohio voters decided Issue 2, voting to enact Ohio Revised Code Chapter 3780, effective December 7, 2023. Chapter 3780 authorizes and regulates the recreational use of cannabis by adults over twenty-one...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

McNees Wallace & Nurick LLC

Now that marijuana is legal in Maryland, what do employers need to know?

Effective July 1, 2023, Maryland became the 21st state to legalize recreational cannabis.  Individuals 21 and over may now purchase, possess, and use cannabis products without fear of criminal repercussions in the state. ...more

Lathrop GPM

Employers Should Take Note of Important Minnesota Employment Law Developments From the 2023 Legislative Session

Lathrop GPM on

The 2023 Minnesota legislative session was an active one and has resulted in a number of new employment law obligations for employers with Minnesota-based employees...more

Lerch, Early & Brewer

What Maryland’s Legalization of Recreational Marijuana Means for Employers

Lerch, Early & Brewer on

After July 1, a whiff of weed in the air means a Marylander is taking advantage of the new state law legalizing recreational marijuana. It also means potential issues for employers when it comes to how they handle off-duty...more

Jackson Lewis P.C.

Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use

Jackson Lewis P.C. on

Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

Littler on

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

McGlinchey Stafford

Use of Cannabis by Workers in Safety-Sensitive Positions

McGlinchey Stafford on

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

FordHarrison

Missouri Employers Beware: Employment Protections Under Constitutional Amendment 3

FordHarrison on

On November 8, 2022, Missouri voters passed Constitutional Amendment 3 (the “Amendment”), which made limited marijuana use lawful in the State of Missouri for persons over the age of 21.  The Amendment took effect December 8,...more

Orrick, Herrington & Sutcliffe LLP

Cannabis and the Workplace in California: AB 2188

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

Littler

On the Ballot – Tip Credit, Marijuana, Union Membership, and More

Littler on

In addition to the laws enacted by state and local legislatures, there are proposed measures on the ballot this week that may also impact the workplace.  Some of these key ballot initiatives are discussed...more

Robinson & Cole LLP

2022 Labor and Employment Tri-State Legislative Update: CT, MA, and RI

Robinson & Cole LLP on

As employers actively work to prepare for 2023, taking note of employment-related legislative activity is key. Following robust 2022 legislative sessions in Connecticut, Massachusetts and Rhode Island, employers have a number...more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

Payne & Fears on

Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...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

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