News & Analysis as of

Controlled Substances Act Zero Tolerance Policies

Fox Rothschild LLP

Outlook Still Hazy for Cannabis Companies’ Access to Bankruptcy

Fox Rothschild LLP on

If finalized, the Drug Enforcement Administration’s (DEA) recent recommendation to reclassify cannabis from a Schedule I to a Schedule III substance has the potential to open important doors to businesses in the legal...more

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

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana...more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

Benesch

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Foley & Lardner LLP

Refusing to Hire Medical Marijuana User Puts Employer in Jeopardy

Foley & Lardner LLP on

The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more

Fisher Phillips

Cannabis Use Across Industries And Occupations: What Can-A-Business Do?

Fisher Phillips on

Legalized cannabis is quickly making an entrance into all corners of the United States. Currently, nine states and the District of Columbia have legalized marijuana for recreational use. An additional 20 states allow medical...more

BCLP

Employers Can Maintain a Drug Free Workplace in California Despite State Legalization of Recreational Marijuana

BCLP on

California’s passage of the “Control, Regulate, and Tax Adult Use of Marijuana Act,” commonly referred to as Proposition 64, legalized the sale, possession, and use of recreational marijuana under limited circumstances....more

Partridge Snow & Hahn LLP

Accommodating Medical Marijuana Users: A National Trend?

Marijuana is a Schedule I drug under the federal Controlled Substances Act, and the use, sale and possession of marijuana remains illegal under federal law. In recent years, however, a majority of states (at last count, 29...more

Littler

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Pillsbury Winthrop Shaw Pittman LLP

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

Clark Hill PLC

Colorado Medical Marijuana Case is Not as Far-Reaching as Expected

Clark Hill PLC on

On June 15, 2015, the Colorado Supreme Court issued its highly anticipated decision in Coats v. Dish Network. In a unanimous decision, the court in Coats upheld the termination of an employee who failed a random drug test...more

McNees Wallace & Nurick LLC

Even in Colorado, you can be fired for off-duty drug use

Remember this one about the employee fired for legal drug use? How about this one? It seems that we have been talking more about the impact of legal marijuana use on employment since 2012, when voters in Colorado and...more

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