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California Laws Come into Effect Regarding Off-Duty Marijuana Use

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

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

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...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

New Jersey Medical Marijuana Amendments Expand Employment Protections

New Jersey has expanded its medical marijuana program and—for the first time since the state enacted the law—adopted formal protections for employees and job applicants who use what is now called “medical cannabis.” ...more

Illinois Poised to Protect Marijuana Users from Adverse Employment Actions as Part of Marijuana Legalization Legislation

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438).  The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make...more

New Jersey Poised to Enact First Recreational Marijuana Law Protecting Workers from Adverse Employment Action

New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

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