News & Analysis as of

Marijuana Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Should Employers Discipline Workers for Suspected Marijuana Use Without a Drug Test?

Drug testing for marijuana has never been an exact science. There is no consensus on what level of marijuana in the bloodstream constitutes intoxication. Unlike alcohol, employees who used marijuana weeks ago or longer can...more

Mandelbaum Barrett PC

Educate and Empower Your Team: Navigating the WIRE Mandate

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Navigating Workplace Impairment: What Employers Need to Know About WIREs - As the legal landscape around cannabis continues to evolve, employers face new challenges in managing workplace safety and compliance. With employees...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

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On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

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

Tucker Arensberg, P.C.

New City of Pittsburgh Ordinance Prohibits Drug Testing for Some Prospective and Current Employees Certified to Use Medical...

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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

Littler

Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Littler on

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

Bradley Arant Boult Cummings LLP

Federal Appeals Court Upholds “Zero-Tolerance” Cannabis Policy Under North Carolina Law

When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee...more

Procopio, Cory, Hargreaves & Savitch LLP

[Event] 2024 Labor & Employment Seminar - November 6th, San Diego, CA

Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely,...more

Littler

Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

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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

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on

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

Littler

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

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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

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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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

Seyfarth Shaw LLP

Purple Haze: LPA Mandate Poised to Continue Causing Confusion and Chaos for California Cannabis Licensees

Seyfarth Shaw LLP on

It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate...more

Parker Poe Adams & Bernstein LLP

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

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

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

Troutman Pepper Locke

Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in...more

Sheppard Mullin Richter & Hampton LLP

July 1 Deadline Looms for Cannabis Operators to Maintain and Renew Their Licenses by Entering into Labor Peace Agreements

California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) requires commercial cannabis entities to obtain a license from California’s Department of Cannabis Control (“DCC”) to cultivate, distribute,...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

Seyfarth Shaw LLP

DOJ Publishes Proposed Rule to Reschedule Cannabis

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug...more

Seyfarth Shaw LLP

Budding Issues? The Fading Smoke of One Union at a Cannabis Workplace in Massachusetts

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employees at a Cresco Labs cannabis cultivation facility in Massachusetts recently made an unexpected and significant decision: they chose to say goodbye to their union membership just shy of their first...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

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

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

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In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

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In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

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