News & Analysis as of October 13, 2024

Employment Policies

+ Follow

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 -

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

Epstein Becker & Green on 3/26/2024

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

The Week in Weed: October 2023 # 4

Seyfarth Shaw LLP on 10/27/2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

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

Lerch, Early & Brewer on 6/29/2023

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

Maryland and Missouri Pass Recreational Marijuana, Missouri Adds Medical Marijuana Cardholder Employment Protections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/21/2022

On November 8, 2022, voters in Maryland and Missouri overwhelmingly approved ballot measures to legalize recreational marijuana, becoming the 20th and 21st states to do so. And, as part of the ballot initiative in Missouri,...more

Recreational Marijuana in Missouri Is Coming Soon – What Employers Need to Know

Littler on 11/14/2022

On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have...more

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on 10/4/2022

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

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

Parker Poe Adams & Bernstein LLP on 9/23/2022

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

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

Littler on 9/1/2022

Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

DC City Council Enacts Major New Workplace Protections for Marijuana Users

ArentFox Schiff on 6/29/2022

Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously...more

Keep Off the Grass: A Reminder That Employers Must Address the Implications of Connecticut’s Legalization of Recreational Cannabis...

Pullman & Comley - Labor, Employment and... on 6/24/2022

Beginning July 1, 2022, Connecticut’s law legalizing the recreational use of cannabis for adults 21 and over imposes new restrictions on employers while offering protections for employees who indulge. While that might sound...more

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

Manatt, Phelps & Phillips, LLP on 11/1/2021

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

New York Department of Labor Issues Guidance on Cannabis and the Workplace

Proskauer - Law and the Workplace on 10/27/2021

The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year...more

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

Littler on 8/20/2021

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

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Akerman LLP - HR Defense on 5/5/2021

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more

New York State Addresses a Chronic Issue: Employees Granted Protections for Off-Duty Cannabis Use

Kramer Levin Naftalis & Frankel LLP on 4/29/2021

On March 31, 2021, Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA), legalizing the recreational use of cannabis in New York State for individuals age 21 or older. ...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

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

Saiber LLC on 3/15/2021

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

Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?

McNees Wallace & Nurick LLC on 3/3/2021

The answer to this question is . . . it depends. Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more

New Jersey Legalized Recreational Cannabis – What do Pennsylvania Employers Need to Know?

McNees Wallace & Nurick LLC on 3/1/2021

On February 22, 2021, New Jersey Governor Phil Murphy signed three bills that legalize the use of cannabis for those over the age of 21, decriminalize possession of less than six ounces of cannabis and establish civil...more

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

Saul Ewing LLP on 12/23/2020

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

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

Littler on 12/22/2020

On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more

Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused

Akerman LLP - HR Defense on 12/17/2020

Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found...more

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

Jackson Lewis P.C. on 4/29/2020

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

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

FordHarrison on 3/12/2020

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

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

Littler on 2/14/2020

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

47 Results

View per page

Page: of 2

Medical Marijuana › Employee Rights › Employment Policies

"My best business intelligence, in one easy email…"