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Florida law requires employers to consider accommodations for off-duty use of medical marijuana, a Florida state court has held and granted the plaintiff’s motion for summary judgment....more
The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more
Employers in Florida should take note of a recent ruling that could have far-reaching implications for managing reasonable accommodation requests related to workers’ medical cannabis use. A Florida county court just sided...more
Medical marijuana is currently legal in 37 states—including Pennsylvania. The Commonwealth of Pennsylvania legalized the use of medical marijuana in 2016 when it adopted the Medical Marijuana Act (“the Act”), which legalized...more
A commercial truck driver who lost his job after failing a drug test wants to hold cannabis product makers liable under a federal racketeering law – and the case has worked itself all the way up to the U.S. Supreme Court. The...more
After over a year of preparation, Kentucky’s Medical Cannabis Program is slated to take effect January 1, 2025. While the new law legalizes medical use, the program’s reach is limited. Employees who become registered...more
In Pennsylvania, fall is in full swing, football season is hitting its stride and Thanksgiving is just around the corner. What is on the menu for employers as the fall turns to winter? Maybe some more restrictions on...more
Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and...more
The Supreme Court of the United States opened up the new term on October 7, 2024. The Court is currently slated to address 40 cases this term. Oral arguments will be heard for nine cases in October and an additional seven in...more
On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more
The Pittsburgh City Council unanimously passed an ordinance prohibiting discrimination against medical marijuana patients in the workplace and limiting certain types of marijuana drug testing by employers as to these...more
Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more
Pittsburgh employers must prepare for new workplace protections for medical cannabis patients due to a new anti-discrimination ordinance that will likely be signed into law. The new rules would prohibit employers from...more
North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more
Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more
The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more
Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more
Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more
The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more
A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more
Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a...more
The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills...more
On May 21, 2024, the Drug Enforcement Agency (DEA) issued a notice of proposed rulemaking indicating that the U.S Food and Drug Administration (FDA) intends to transfer marijuana from Schedule I to Schedule III of the...more
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more
Discussions about marijuana testing in the workplace have taken over HR circles. There has been a shift from testing, sparking debate and raising questions. What does the future look like for marijuana testing – and is there...more