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We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more
Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more
In a recent development from Trenton, a proposed bill aims to tighten regulations regarding suspected marijuana impairment while driving. Under this legislation, drivers suspected of being under the influence of marijuana...more
These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more
Passed in 2022 and effective January 1, 2024, Assembly Bill 2188 creates Government Code section 12954 to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of...more
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more
Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more
Around this time last year, Minnesota legalized edible products containing hemp-derived tetrahydrocannabinol (THC). Now, Minnesota has gone “all in”—becoming the 23rd state to legalize the recreational use of marijuana and...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we start off in the South, where Alabama is having some issues with its medical cannabis licenses....more
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
The requirement to maintain a safe workplace often clashes with state and local laws that protect the rights of individuals who use marijuana while off-duty, creating unique challenges for manufacturing employers....more
On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more
Finding and keeping dependable employees has always been a priority for employers. For manufacturers, drug testing is a tried-and-true method of weeding out employees who may be less dependable. However, the COVID-19 pandemic...more
While issues like PPP loans, the CARES Act, and vaccination mandates are largely in the rearview mirror, the workplace looks vastly different than it did three years ago. Some of these changes were brought about by COVID,...more
Governor Gavin Newsome signed into law September 19, 2022 several measures relating to marijuana, including one that prohibits employment discrimination based on off-duty use of marijuana. The law takes effect on January 1,...more
On September 18, 2022, Governor Newsom signed California Assembly Bill (AB) 2188, which makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based...more
What is the current Minnesota law regarding edible products containing THC? An inconsistency in two amended provisions of Minnesota Statute § 151.72 has resulted in what some have deemed the legislature “accidentally”...more
On June 2, 2022, Minnesota Governor Tim Walz signed House File (H.F.) 4065 into law, a measure that provides clarity regarding hemp-derived consumables stemming from the Agriculture Improvement Act of 2018, also known as the...more
State legalization of cannabis (i.e., marijuana) for medical and/or recreational use has spurred many questions regarding exposure concerns and drug testing concerns (e.g., what constitutes positive cannabis tests and how do...more
A federal court in Pennsylvania dismissed the legal claims asserted by a former employee who tested positive for marijuana on a random drug test and who attributed the test result to CBD use. Lehenky v. Toshiba America...more
Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more