News & Analysis as of November 17, 2024

Department of Transportation (DOT)

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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 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 -

Brooks Pierce Capital Dispatch: Legislators Leave Raleigh After Passing Various Bills but Not a New Budget

Brooks Pierce on 7/1/2024

After a busy week, legislators left Raleigh on Thursday for the foreseeable future. Although they did not pass a new 2024 budget bill, they did appropriate funds for certain purposes and are authorized to return later this...more

Clearing the Haze: Exploring the Movement Away from Marijuana Testing

Mitratech Holdings, Inc on 3/29/2024

Discussions about marijuana testing in the workplace have taken over HR circles. There has been a shift from testing, sparking debate and raising questions. What does the future look like for marijuana testing – and is there...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

Cannabis Legalization and its Impact on the Transportation Industry

FordHarrison on 10/15/2021

Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...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

Connecticut Legalizes Recreational Marijuana

Jackson Lewis P.C. on 6/24/2021

Connecticut has become the 19th state to legalize recreational marijuana use by adults. Governor Ned Lamont signed the Act Concerning Responsible and Equitable Regulation of Adult-use Cannabis on June 22, 2021...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

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

Cole Schotz on 3/2/2021

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

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/2/2020

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/24/2020

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

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Shaw LLP on 2/20/2020

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on 8/30/2019

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Can Employers Stop Testing for Marijuana?

Parker Poe Adams & Bernstein LLP on 4/17/2019

Over the past year, we have had a number of employers ask about removing marijuana from the panel of illegal substances screened for applicants and/or employees. Some of these companies cite the low unemployment rate, stating...more

Medical Marijuana In Missouri: New Law Brings New Questions For Employers

Fisher Phillips on 11/8/2018

Missouri voters approved Amendment 2 on Election Day 2018, one of the three medical marijuana measures appearing on the state’s ballot. Amendment 2 adds an article to the Missouri Constitution legalizing medical use of...more

Effect of Marijuana Legalization on the Workplace

Smith Anderson on 3/22/2018

Federal law prohibits marijuana use. Despite this, over the last few years, many states have legalized marijuana use for both medicinal and recreational purposes. ...more

Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing Operations

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/18/2018

My law firm colleague Nate Read and myself authored an article for the Arkansas Oil Marketers Association publication The Canopy titled: Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing...more

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results

McNees Wallace & Nurick LLC on 12/20/2017

Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state...more

Medical Marijuana is Coming—Is Your Business Ready?

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/12/2017

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts

Littler on 6/2/2014

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more

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