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Cannabis Products Drug Testing

Littler

Minnesota, Iowa Modify Employer Drug Testing Requirements

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Minnesota and Iowa have longstanding drug testing laws that place them among the more difficult states for employer compliance. This year, both states modified their laws in ways that require employers to reevaluate their...more

Fisher Phillips

Texas Employers Should Prepare for Uptick in Cannabis Use and Accommodation Requests as State Expands Medical Marijuana Law

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You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1. In addition to changing the...more

Bradley Arant Boult Cummings LLP

North Carolina Governor Forms a [High] Council on Cannabis

On June 4, North Carolina Gov. Josh Stein issued an executive order creating the North Carolina Advisory Council on Cannabis. Stein elaborated on this decision in a recent interview with WRAL News. The High Council (yes,...more

Holland & Knight LLP

Supreme Court Ruling Expands Reach of Civil RICO Statute

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The U.S. Supreme Court issued an opinion on April 2, 2025, that has expanded the type of claims that can be raised under the federal Racketeer Influenced and Corrupt Organizations Act (RICO)....more

Frantz Ward LLP

A Year in Review of Ohio’s Adult Use Cannabis Program for Employers

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On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Stark & Stark

New Jersey Cannabis Law Does Not Imply a Private Right of Action for Job Applicants Who are Denied Employment Due to Cannabis Use

Stark & Stark on

On December 9, 2024, the United District Court of Appeals for the Third Circuit issued an important decision whether New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”)...more

Fisher Phillips

SCOTUS Predictions: Cannabis Product Makers Won’t Face Triple Damages Under RICO Law for Driver’s Failed Drug Test

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A commercial truck driver who lost his job after failing a drug test wants to hold cannabis product makers liable under a federal racketeering law – and the case has worked itself all the way up to the U.S. Supreme Court. The...more

Littler

Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Littler on

Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Upholds “Zero-Tolerance” Cannabis Policy Under North Carolina Law

When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee...more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Troutman Pepper Locke

NCAA Drug Testing & Cannabinoids: A Break-Up Story

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The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more

Littler

Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes

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The 2024 session of the Virginia General Assembly has come to a close, and as with its 2023 session, which saw relatively little action with regard to employment legislation, there were relatively few employment-related bills...more

Foley & Lardner LLP

The FDA Wants To Reschedule Cannabis. Does That Mean All Employees Can Soon Legally Use It?

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On May 21, 2024, the Drug Enforcement Agency (DEA) issued a notice of proposed rulemaking indicating that the U.S Food and Drug Administration (FDA) intends to transfer marijuana from Schedule I to Schedule III of the...more

Ius Laboris

Labor law and cannabis legalization

Ius Laboris on

Cannabis in the workplace: allowed or banned? Although possession of cannabis is now legal (up to certain limits), this does not mean that employees can work under the influence of cannabis....more

Farella Braun + Martel LLP

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

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

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

DarrowEverett LLP

How 2024 Employment Law Updates Affect Your Wallet, Unions & More

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As could be expected in 2023, employers have had to adapt to an ever-changing landscape of employment laws, regulations, and in the case of the National Labor Relations Board (NLRB) a growing library of general counsel...more

Bricker Graydon LLP

Get Blitzed and Get Busted: Marijuana Use at Company Holiday Parties

Bricker Graydon LLP on

The holiday season is officially here! Companies across the state will be kickstarting festivities by gathering together for a fun night out. Drinks will be flowing and laughter will be filling the air, but now marijuana may...more

Foley & Lardner LLP

Ohio Legalizes Recreational Use of Marijuana

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Earlier this month, Ohio joined the growing number of states to legalize the recreational use of marijuana. The new law, which becomes effective December 7, 2023, allows adults aged 21 and older to (within certain...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Ervin Cohen & Jessup LLP

California Enacts Further Protections for Marijuana-Using Workers and Job Applicants

Ervin Cohen & Jessup LLP on

Passed in 2022 and effective January 1, 2024, Assembly Bill 2188 creates Government Code section 12954 to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s New Employment Laws for 2024: A Roundup of New Laws

Governor Newsom recently signed into law numerous bills that will affect California employers come January 1, 2024. Here is a quick overview of some of the new law that are relevant for employers....more

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