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Medical Marijuana › Drug Testing › Cannabis Products

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 -
Littler

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

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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

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

Troutman Pepper

NCAA Drug Testing & Cannabinoids: A Break-Up Story

Troutman Pepper on

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

Littler

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

Littler on

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

Foley & Lardner LLP

The FDA Wants To Reschedule Cannabis. Does That Mean All Employees Can Soon Legally Use It?

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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

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

Constangy, Brooks, Smith & Prophete, LLP on

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

Frantz Ward LLP

How The Outcome of Ohio Issue 2 May Impact Employers

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Next week, Ohioans will head to the polls to vote on Issue 2, which would legalize and regulate recreational marijuana for Ohioans over the age of 21 to include cultivation, sale, purchase, possession, use and home growth, in...more

Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Venable LLP on

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

Seyfarth Shaw LLP

The Week in Weed: June 2023 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we start off in the South, where Alabama is having some issues with its medical cannabis licenses....more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

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

J.S. Held

Cannabis & THC: Understanding the Effects & Liability

J.S. Held on

State legalization of cannabis (i.e., marijuana) for medical and/or recreational use has spurred many questions regarding exposure concerns and drug testing concerns (e.g., what constitutes positive cannabis tests and how do...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Foley & Lardner LLP

Pre-Employment Cannabis Testing: Is It Still Worth It?

Foley & Lardner LLP on

For years, most employers and employees alike assumed a clean drug test was a pre-requisite for getting hired. These pre-employment drug testing panels included a list of illegal drugs, and almost always included...more

Roetzel & Andress

Will Cannabis Ever Be Legalized At The Federal Level?

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Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage...more

Foley & Lardner LLP

The Empire State Legalizes Recreational Marijuana

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On March 31, 2021, New York joined 15 other states (including New Jersey) that have legalized marijuana for recreational use when Gov. Andrew Cuomo signed the New York State Marijuana Regulation and Taxation Act (MRTA). ...more

Rivkin Radler LLP

Recreational Cannabis Statutes’ Impact On NY And NJ Employers

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New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana...more

Fisher Phillips

What New York State Employers Need To Know About Cannabis Legalization

Fisher Phillips on

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

Jackson Lewis P.C.

New York Legalizes Recreational Marijuana

Jackson Lewis P.C. on

New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

Pennsylvania CBD User Entitled to Unemployment Benefits

Seyfarth Shaw LLP on

On May 11, 2020, a Pennsylvania court upheld the state Unemployment Compensation Board of Review’s order granting a CBD (cannabidiol) user unemployment benefits after being terminated for testing positive for marijuana...more

Jackson Lewis P.C.

New York Employers: Engage In The Interactive Dialogue With Medical Marijuana Users

Jackson Lewis P.C. on

A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision....more

Seyfarth Shaw LLP

The Week in Weed: March 2020 #3

Seyfarth Shaw LLP on

Before we get to COVID-19, let’s examine some non-virus news, shall we? What would have been our big story of the week is that the Alabama state Senate has approved medical marijuana in the state.  The measure now moves to...more

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

Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

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

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Drug Testing: U.S. Department of Transportation Updates/Clarifies Status of Medical Marijuana/Hemp/CBD Oil

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Department of Transportation (“DOT”) Office of Drug and Alcohol issued a February 18th DOT Office of Drug and Alcohol Policy and Compliance Notice (“Notice”) addressing the drug and alcohol policy for the...more

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