On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some...more
New York State and the City of Philadelphia are the latest to take action on drug testing for cannabis use. As more states and municipalities enact legislation and ordinances regarding recreational cannabis use and expand...more
On March 31, 2021, Governor Cuomo signed into law the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which provides a framework for the state-sanctioned sale and use of cannabis for adult-use purposes (commonly...more
Over the past month, Pennsylvania courts have issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under...more
On Tuesday, March 10th, the New Jersey Supreme Court issued its much anticipated decision in Wild v. Carriage Funeral Holdings, Inc., et al.,(A-91-18) (082836), affirming that a medical cannabis patient can assert a claim for...more
A combination of New Jersey court decisions and legislative actions have expanded and clarified New Jersey employer obligations for employees who are registered qualifying cannabis patients. ...more
On June 5, 2019, Nevada became the first state to make it unlawful for employers to reject job applicants who test positive for cannabis. ...more
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test....more
In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who...more
As the number of states authorizing use of cannabis increases for both medical and adult (i.e., recreational) purposes, the ambiguities and issues for employers continue to grow. Regardless of expansion at the state level,...more