News & Analysis as of

Workplace Safety State Labor Laws Decriminalization of Marijuana

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

Winthrop & Weinstine, P.A.

Minnesota Employers and Recreational Marijuana: Answers to Frequently Asked Questions Regarding Cannabis Legalization in Minnesota

The Minnesota Legislature has passed legislation legalizing adult recreational cannabis use. The bill has been approved by both the House and Senate, and has been sent to the Governor’s desk for approval. This is a mere...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

Littler on

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

McGlinchey Stafford

Use of Cannabis by Workers in Safety-Sensitive Positions

McGlinchey Stafford on

States Regulating Marijuana Use Off-Site and At Work- While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Webinar - Marijuana in the Workplace: Guiding Employers Through the Cannabis Maze

Join Constangy partners Keya Denner, Ashley Orler and Nestor Barrero as they review current cannabis laws and workplace protections, discuss changes to cannabis laws on the horizon, including the California Fair Employment...more

Fisher Phillips

4 Trends for Cannabis Industry Employers to Track in 2023

Fisher Phillips on

The cannabis industry is growing at a rapid pace given the proliferation of states legalizing medical and recreational use. Indeed, most states already have a comprehensive medical cannabis program, and many are rolling out...more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

Payne & Fears on

Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more

Sands Anderson PC

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

Sands Anderson PC on

Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

Littler

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

Littler on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal...more

Fox Rothschild LLP

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

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For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

Littler

Recreational Marijuana Use Away from Work Now Protected in New York

Littler on

On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers...more

Harris Beach PLLC

High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana

Harris Beach PLLC on

Recreational, adult-use marijuana is poised to become legal in New York state. The changes that legalization brings for virtually every workplace include modifications and updates to employer policies and procedures regarding...more

FordHarrison

New Jersey's Recreational Cannabis Bill Contains New Employment Protections and Unique Drug Testing Requirements

FordHarrison on

On February 22, 2021, New Jersey Governor Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) into law. The move follows New Jersey voters’ passage of a ballot...more

Morgan Lewis

Legalized Recreational Cannabis and the New Jersey Workplace – What Employers Need to Know

Morgan Lewis on

New Jersey Governor Phil Murphy signed legislation on February 22 enabling the constitutional amendment to legalize adult recreational use of cannabis and a companion decriminalization bill. Each law has significant...more

Epstein Becker & Green

New Regulations Emphasize Discounts to Delaware Employers with Drug-Free Workplace Programs

Epstein Becker & Green on

Delaware is reminding its employers that a safe, drug-free workplace can pay. On February 1, the state’s Department of Insurance (the “Department”) amended its regulations to emphasize the availability of workers’...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

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

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Seyfarth Shaw LLP

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

Seyfarth Shaw LLP on

In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler

Illinois Legislature Amends Marijuana Law, Bringing Clarity, Relief to Employers with Workplace Drug-Testing Programs

Littler on

As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by...more

Seyfarth Shaw LLP

Illinois General Assembly Passes Amendments to Recreational Cannabis Law Reducing Some Employer Liabilities

Seyfarth Shaw LLP on

The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. ...more

McAfee & Taft

New Oklahoma medical marijuana rules go into effect Friday

McAfee & Taft on

When Oklahoma’s new medical marijuana law goes into effect this Friday, August 30, employers will have more ways to maintain a safe workplace. Under the current law, employers have been able to discharge any employee who...more

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