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Medical Marijuana › Employee Rights › Drug Testing

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 -
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

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

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DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Parker Poe Adams & Bernstein LLP

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

Parker Poe Adams & Bernstein LLP on

​​​​​​​Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

McGuireWoods LLP

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

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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

Saiber LLC

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

Saiber LLC on

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to...more

Saul Ewing LLP

PA Courts Issue Several Decisions Clarifying Employee Rights for Medical Cannabis Patients

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Over the past month, Pennsylvania courts have issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under...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

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

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On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

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This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

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Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Cohen Seglias Pallas Greenhall & Furman PC

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

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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

Seyfarth Shaw LLP

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

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On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more

Rumberger | Kirk

Medical Marijuana in the Workplace: What's Next?

Rumberger | Kirk on

In 2016, Florida voters soundly passed Amendment 2, Florida’s medical marijuana law, with over 71% of the vote. Since then, two bills have been passed implementing the law, there was one high-profile lawsuit targeting the...more

FordHarrison

Recent Progression in the Legalization of Marijuana has left Employers Dazed and Confused

FordHarrison on

In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more

Epstein Becker & Green

Employment Law This Week®: Cannabis User Protections, WHD Opinion Letters, New Salary History Bans, NYS Anti-Harassment Training...

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This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into August 2019. The episode includes: 1. Increased Employee Protections for Cannabis Users Employment...more

McNees Wallace & Nurick LLC

New Jersey Expands its Medical Cannabis Act to Include Workplace Protections

McNees Wallace & Nurick LLC on

Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use.  Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

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What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

Lowndes

Growing Cannabis Laws: What’s an Employer to Do?

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As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

Epstein Becker & Green

New Jersey Enacts Broad Employment Protections for Registered Medical Cannabis Users

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On July 2, 2019, New Jersey joined Illinois, Nevada, New Mexico, New York City, and Oklahoma in enacting employment protections for authorized users of medical cannabis. New Jersey’s new medical cannabis law (“Law”), which...more

FordHarrison

Van from TV's Atlanta Helps Us Explore Drug Testing in the Workplace

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Before Donald Glover (aka Childish Gambino) was singing duets with Beyonce, he was the brains behind TV’s Atlanta, a comedy-drama filmed and based in Atlanta, Georgia. Atlanta chronicles the efforts of Earnest “Earn” Marks...more

Seyfarth Shaw LLP

High Times Continue – Illinois Enacts Recreational Cannabis Law

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Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more

Littler

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

Littler on

Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana.  Under A.B. 132, employers are generally prohibited from...more

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