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Medical Marijuana › Discrimination

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Jackson Lewis P.C.

Pittsburgh to Limit Employers’ Ability to Drug-Test Medical Marijuana Patients

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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

Littler

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

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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

Fox Rothschild LLP

New Adult-Use Cannabis Law Proposed in Pennsylvania

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Pennsylvania once again seems to have momentum to become one of the next states to legalize cannabis for adult use. After a bipartisan bill was introduced in the commonwealth’s Senate last year, the House now has submitted an...more

Saul Ewing LLP

Affirmed: Pennsylvania's Appellate Court Says "Yes" to Private Right of Action Under Medical Marijuana Act

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In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge...more

Jackson Lewis P.C.

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

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The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

Jackson Lewis P.C.

Employee’s Request To Revise Drug Policy To Address CBD Use Was Not A Reasonable Accommodation

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A federal court in Tennessee dismissed an employee’s lawsuit in which she claimed that her employer should have changed its drug policy to allow CBD use. Hamric v. City of Murfreesboro, Case No. 3:18-cv-01239 (September 10,...more

Littler

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

Littler on

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

Harris Beach PLLC

Medical Marijuana Users Can Sue Their Employers

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In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Ballard Spahr LLP

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

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The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...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

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

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Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Sherman & Howard L.L.C.

It’s Reasonable to Employ Marijuana Users

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A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

Fisher Phillips

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Littler

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Littler

WPI State of the States — Legislative Proposals Are Taking Root

Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Littler

Workplace Policy Institute Insider Report - January 2017

Littler on

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Lowndes

What Employers Need to Know About Florida's New Medical Marijuana Law

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In addition to selecting a new President, Florida voters approved Amendment 2, which amends the Florida Constitution to legalize medical marijuana for use by individuals with specific debilitating medical conditions, as...more

McNees Wallace & Nurick LLC

The Legalization of Medicinal Marijuana in PA – What Does it Mean for Employer Provided Insurance Coverage?

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Pennsylvania’s Medical Marijuana Act (MMA) was signed into law on April 17, 2016 and officially took effect last week. One of the questions we’ve been asked since the passage of the Act is: how will employer provided...more

Ballard Spahr LLP

PA’s Medical Marijuana Act: Challenges for Employers

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Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

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

Miners & Marijuana

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As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Sherman & Howard L.L.C.

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

Sherman & Howard L.L.C. on

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Orrick - Employment Law and Litigation

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

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A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Marijuana And The Workplace — Another Lawsuit Filed

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The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan,...more

Sherman & Howard L.L.C.

Is THC “Lawful” in Colorado?

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The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394. The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law. The Lawful Activities...more

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