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Cannabis Products State Labor Laws

Littler

Minnesota, Iowa Modify Employer Drug Testing Requirements

Littler on

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

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

New Jersey Lawmakers Mull Stronger Labor Protections for Cannabis Industry Workers

New Jersey lawmakers recently advanced a bill that would expand labor protections for workers in the cannabis industry. If enacted, the measure—which provides stronger union organizing rights, protections for employee...more

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more

Miller Nash LLP

Oregon Cannabis Employers No Longer Need to Comply with Measure 119 and Obtain Labor Peace Agreements

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On May 20, 2025, the U.S. District Court for Oregon permanently prohibited Oregon state officials from enforcing Measure 119. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024. Measure...more

Sheppard Mullin Richter & Hampton LLP

Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will...

On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

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On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Miller Nash LLP

Washington State Law Provides Agricultural Cannabis Workers the Right to Unionize

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A recently passed Washington State House Bill permits agricultural workers to unionize under the supervision of Washington’s Public Employment Relations Commission (PERC). On April 22, 2025, the Governor signed House Bill...more

Miller Nash LLP

Staying in Compliance: Navigating Oregon Measure 119 for Cannabis Employers

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A recently passed Oregon ballot initiative likely violates federal labor laws—and requires Oregon employers to do the same to comply. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024....more

Frantz Ward LLP

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

Frantz Ward LLP on

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

Amundsen Davis LLC

New State Labor and Employment Laws Impacting Employers Nationwide to Take Effect on January 1, 2025

Amundsen Davis LLC on

New state laws impacting employers will be going into effect on January 1, 2025. Below is a non-exhaustive summary of major state laws taking effect January 1, 2025. Employers should be mindful of and continue to follow...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...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

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

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on

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

Sheppard Mullin Richter & Hampton LLP

July 1 Deadline Looms for Cannabis Operators to Maintain and Renew Their Licenses by Entering into Labor Peace Agreements

California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) requires commercial cannabis entities to obtain a license from California’s Department of Cannabis Control (“DCC”) to cultivate, distribute,...more

Best Best & Krieger LLP

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Four

In Part Four of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to election law, density bonus law, parking, labor law, microenterprises, cannabis and...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

Buchalter

New Year, New Employment Laws in the Pacific Northwest

Buchalter on

It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for Washington and Oregon employers (all effective January 1,...more

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....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

UB Greensfelder LLP

Recreational Adult Use of Marijuana Was Approved By Ohio Voters This Week: What Does This Mean for Ohio Employers?

UB Greensfelder LLP on

Earlier this week, Ohio voters decided Issue 2, voting to enact Ohio Revised Code Chapter 3780, effective December 7, 2023. Chapter 3780 authorizes and regulates the recreational use of cannabis by adults over twenty-one...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

Bricker Graydon LLP

OHIO Issue 2 - What Happens if it Passes?

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For Employers, passage of Issue 2 will not change anything on Day 1.  Down the road, the impact remains to be seen. Ohio Issue 2, verbatim, states the following related to employers...more

Sheppard Mullin Richter & Hampton LLP

High Protections on Information Relating to Employees’ Cannabis Use

On October 7, 2023, Governor Gavin Newson signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information...more

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