News & Analysis as of November 17, 2024

Discrimination

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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 -

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

New Adult-Use Cannabis Law Proposed in Pennsylvania

Fox Rothschild LLP on 4/30/2024

Pennsylvania once again seems to have momentum to become one of the next states to legalize cannabis for adult use. After a bipartisan bill was introduced in the commonwealth’s Senate last year, the House now has submitted an...more

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

Jackson Lewis P.C. on 9/17/2020

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

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on 1/30/2018

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on 7/24/2017

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on 7/20/2017

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

Seyfarth Shaw LLP on 7/19/2017

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

Littler on 6/15/2017

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Workplace Policy Institute Insider Report - January 2017

Littler on 1/9/2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

What Employers Need to Know About Florida's New Medical Marijuana Law

Lowndes on 12/15/2016

In addition to selecting a new President, Florida voters approved Amendment 2, which amends the Florida Constitution to legalize medical marijuana for use by individuals with specific debilitating medical conditions, as...more

The Legalization of Medicinal Marijuana in PA – What Does it Mean for Employer Provided Insurance Coverage?

McNees Wallace & Nurick LLC on 5/26/2016

Pennsylvania’s Medical Marijuana Act (MMA) was signed into law on April 17, 2016 and officially took effect last week. One of the questions we’ve been asked since the passage of the Act is: how will employer provided...more

PA’s Medical Marijuana Act: Challenges for Employers

Ballard Spahr LLP on 5/2/2016

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

Miners & Marijuana

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/22/2015

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

Sherman & Howard L.L.C. on 5/25/2015

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

Orrick - Employment Law and Litigation on 1/7/2015

A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

Is THC “Lawful” in Colorado?

Sherman & Howard L.L.C. on 10/1/2014

The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394. The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law. The Lawful Activities...more

Five Things Every Arizona Employer Should Know About Medical Marijuana

Clark Hill PLC on 6/18/2014

Subject to certain narrowly drawn exceptions, the Arizona Medical Marijuana Act ("AMMA") prohibits employers from discriminating against individuals who are authorized to use medical marijuana. The principal exception to this...more

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