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Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

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

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

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

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

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

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

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

Recreational Marijuana in Missouri Is Coming Soon – What Employers Need to Know

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

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

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

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

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

Alabama Legalizes Medical Marijuana While Allowing Employers Discretion as to Participating Workers

On May 17, 2021, Governor Kay Ivey signed Alabama’s new medical marijuana law, known as the Darren Wesley ‘Ato’ Hall Compassion Act, making Alabama the 37th state to legalize marijuana for medical purposes. The law identifies...more

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

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

Rhode Island Supreme Court Upholds Dismissal of Driver Who Refused Reasonable Grounds Drug Test

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

Illinois Legislature Amends Marijuana Law, Bringing Clarity, Relief to Employers with Workplace Drug-Testing Programs

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

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