Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more
5/19/2023
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Screening Procedures ,
State Labor Laws ,
Washington
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
5/17/2023
/ Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Marijuana ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more
1/5/2023
/ Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Failure to Accommodate ,
Marijuana ,
Medical Marijuana ,
Nevada ,
Off-Duty Employees ,
Private Right of Action ,
Reasonable Accommodation ,
State Labor Laws
On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have...more
Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more
9/1/2022
/ Adverse Employment Action ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
Nevada ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
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
Effective August 28, 2021, Missouri employers with at least 20 Missouri employees must provide unpaid leave for employees who are victims of domestic or sexual violence (as defined by state statute) or have family or...more
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
4/20/2021
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Expungement ,
Marijuana ,
New Legislation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety ,
Zero Tolerance Policies
On May 29, 2020, the Rhode Island Supreme Court affirmed a trial court’s dismissal of a lawsuit alleging a violation of the Rhode Island drug testing statute brought against an employer that terminated an employee for...more
Resolving prior uncertainty regarding the impact of the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) on employees’ employment rights, the New Jersey Supreme Court recently held that employees can maintain an...more
As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by...more
11/25/2019
/ Adverse Employment Action ,
Amended Legislation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana Cultivation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety