News & Analysis as of November 17, 2024

Medical Marijuana › Drug Testing › Americans with Disabilities Act (ADA)

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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 -

Labor and Employment Cases in the 2024/2025 Supreme Court Term

Bricker Graydon LLP on 10/16/2024

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

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

Jackson Lewis P.C. on 10/1/2024

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

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on 9/26/2024

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

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Constangy, Brooks, Smith & Prophete, LLP on 9/6/2024

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

Drugs and alcohol in the workplace: Five fun facts

Constangy, Brooks, Smith & Prophete, LLP on 8/30/2024

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

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

Jackson Lewis P.C. on 5/2/2024

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2024

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Accommodating cannabis: A "how-to" for employers

Constangy, Brooks, Smith & Prophete, LLP on 2/9/2024

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on 6/22/2023

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Employers Review Policies As Medical Cannabis Sales Begin In Mississippi

Balch & Bingham LLP on 3/15/2023

With the first legal sales of medical cannabis recently occurring in Mississippi, employers should again take time to review (or familiarize) themselves with how Mississippi’s recent action in legalizing medical cannabis...more

Weed policy options for multi-state employers -- are there any?

Constangy, Brooks, Smith & Prophete, LLP on 4/29/2022

As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Bradley Arant Boult Cummings LLP on 4/22/2022

Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

3 Questions Employers Need To Consider When It Comes To Marijuana In The Workplace

Haynsworth Sinkler Boyd, P.A. on 6/30/2021

Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more

Medical Marijuana/Employment-Safety Issues for the Oil/Gas Industry: May 26th Arkansas Independent Producers and Royalty Owners...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/2/2021

My law firm colleague Nate Read and I undertook a presentation at the May 26th virtual meeting of the Arkansas Independent Producers and Royalty Owners (“AIPRO”) - The presentation was titled: Medical Marijuana:...more

Edible Bites Episode 5: Weed at Work: Employment Law Trends

McGuireWoods LLP on 4/13/2021

In episode five of McGuireWoods’ Edible Bites video series, topics of discussion center on employment law trends, how different state laws for medical and recreational cannabis impact employees, and how organizations should...more

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Jackson Lewis P.C. on 3/29/2021

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more

Medical Marijuana and the Construction Industry: Effective Drug Testing Policy and Compliance

Bradley Arant Boult Cummings LLP on 3/10/2021

Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more

Drug Testing Legislation in 2020: A Look Back

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/28/2020

We would all be excused for wanting 2020 to disappear in a fog of medical marijuana. Here is a recap: As we predicted in 2019, most of this year’s action concerned medical and recreational marijuana. Not to be missed,...more

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on 12/1/2020

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Drugs & Partying: What Contractors Need to Know About Medical Marijuana and Office Parties

Cohen Seglias Pallas Greenhall & Furman PC on 12/9/2019

In this webinar, Jonathan Landesman and Anthony Bottenfield discuss two timely topics that construction-industry employers must be aware of and provide practical tips for employers for closing out the year without conflict. ...more

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