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Drug Testing Medical Marijuana

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

Bricker Graydon LLP

Labor and Employment Cases in the 2024/2025 Supreme Court Term

Bricker Graydon LLP on

The Supreme Court of the United States opened up the new term on October 7, 2024. The Court is currently slated to address 40 cases this term. Oral arguments will be heard for nine cases in October and an additional seven in...more

Littler

Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

Littler on

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more

Jackson Lewis P.C.

Pittsburgh to Limit Employers’ Ability to Drug-Test Medical Marijuana Patients

Jackson Lewis P.C. on

The Pittsburgh City Council unanimously passed an ordinance prohibiting discrimination against medical marijuana patients in the workplace and limiting certain types of marijuana drug testing by employers as to these...more

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on

Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more

Fisher Phillips

New Pittsburgh Ordinance Protects Workers Using Medical Cannabis: 4 Steps Employers Can Take Now

Fisher Phillips on

Pittsburgh employers must prepare for new workplace protections for medical cannabis patients due to a new anti-discrimination ordinance that will likely be signed into law. The new rules would prohibit employers from...more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on

North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Troutman Pepper

NCAA Drug Testing & Cannabinoids: A Break-Up Story

Troutman Pepper on

The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Parker Poe Adams & Bernstein LLP

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

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

Smith Debnam Narron Drake Saintsing & Myers,...

The “Buzz” on Medical Marijuana in the Workplace: Current Trends and Advice

The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more

Fisher Phillips

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

Fisher Phillips on

A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

Dickinson Wright

What Ohio Employers Need to Know As Legal Marijuana Sales Begin

Dickinson Wright on

Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a...more

Littler

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

Littler on

The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills...more

Foley & Lardner LLP

The FDA Wants To Reschedule Cannabis. Does That Mean All Employees Can Soon Legally Use It?

Foley & Lardner LLP on

On May 21, 2024, the Drug Enforcement Agency (DEA) issued a notice of proposed rulemaking indicating that the U.S Food and Drug Administration (FDA) intends to transfer marijuana from Schedule I to Schedule III of the...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

Mitratech Holdings, Inc

Clearing the Haze: Exploring the Movement Away from Marijuana Testing

Discussions about marijuana testing in the workplace have taken over HR circles. There has been a shift from testing, sparking debate and raising questions. What does the future look like for marijuana testing – and is there...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

Littler on

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

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

Frantz Ward LLP

The Impact of Ohio’s Legalization of Recreational Marijuana on the BWC’s Drug-Free Safety Program

Frantz Ward LLP on

Frantz Ward’s Labor & Employment Group has previously written about the Ohio Bureau of Workers’ Compensation’s treatment of marijuana in its Drug-Free Safety Program (DFSP) following the legalization of medical marijuana in...more

Dickinson Wright

Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State

Dickinson Wright on

With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow...more

Jackson Lewis P.C.

Ohio Passes Recreational Marijuana Law: What Employers Should Know

Jackson Lewis P.C. on

Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of...more

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