California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more
7/29/2025
/ California ,
Construction Industry ,
Drug Testing ,
Employee Rights ,
Employment Discrimination ,
Employment Policies ,
Exemptions ,
Hiring & Firing ,
Marijuana ,
New Legislation ,
State Labor Laws
California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.”
California’s AB 2188 greatly...more
The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more
1/31/2025
/ Appeals ,
Appellate Courts ,
Drug Testing ,
Employment Discrimination ,
Employment Litigation ,
Job Applicants ,
Job Offers ,
Marijuana ,
New Jersey ,
Private Right of Action ,
Termination
Florida law requires employers to consider accommodations for off-duty use of medical marijuana, a Florida state court has held and granted the plaintiff’s motion for summary judgment....more
Nebraska voters approved medical cannabis measures, while voters in Florida, North Dakota, and South Dakota rejected ballot initiatives to legalize recreational cannabis on election day....more
11/8/2024
/ Agribusiness ,
Ballot Measures ,
Cannabis Products ,
Caregivers ,
Decriminalization of Marijuana ,
Employment Discrimination ,
Fair Employment Practices Act ,
Marijuana ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
Regulatory Agenda
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
The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act...more
In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to...more
The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the...more
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more
5/2/2024
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Drug Testing ,
Employer Liability Issues ,
Hemp ,
Marijuana ,
Medical Marijuana ,
OMB ,
Recreational Use ,
Schedule I Drugs
Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of...more
On October 7, 2023, Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding...more
Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two...more
The requirement to maintain a safe workplace often clashes with state and local laws that protect the rights of individuals who use marijuana while off-duty, creating unique challenges for manufacturing employers....more
The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites...more
Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who...more
It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated)....more
A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer.
The employer had a drug testing...more
Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota....more
The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification...more
9/19/2022
/ Cannabis Products ,
Drug Testing ,
Drug-Free Workplace Act ,
Employee Training ,
Federal Contractors ,
Marijuana ,
New Guidance ,
New Jersey ,
Recreational Use ,
Standard Operating Procedures ,
Workplace Safety
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen....more
The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of...more
Mississippi Governor Tate Reeves signed legislation legalizing medical cannabis on February 2, 2022. Known as the “Mississippi Medical Cannabis Act”, the law permits the use of medical cannabis to treat certain debilitating...more
The New York Department of Labor (“DOL”) recently published guidance and FAQs entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation...more
The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention issued warnings to the public regarding the potential health risks of using Delta-8 THC products on September 14, 2021...more