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Drug Testing Marijuana Medical Marijuana

Bradley Arant Boult Cummings LLP

The ABCs of CBD? Kind of… 8th Circuit Affirms Termination of Employee Failing Drug Test for Hemp Pain Oil

You want a safe workplace and have adopted a Drug Free Workplace policy. You may even have government contracts that require you to drug test your employees. How does the brave new world of legalized marijuana, medical...more

Jackson Lewis P.C.

Florida Employers Should Consider Accommodations for Off-Duty Use of Medical Marijuana, Court Rules

Jackson Lewis P.C. on

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

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

Tucker Arensberg, P.C.

New City of Pittsburgh Ordinance Prohibits Drug Testing for Some Prospective and Current Employees Certified to Use Medical...

Tucker Arensberg, P.C. on

Medical marijuana is currently legal in 37 states—including Pennsylvania. The Commonwealth of Pennsylvania legalized the use of medical marijuana in 2016 when it adopted the Medical Marijuana Act (“the Act”), which legalized...more

McNees Wallace & Nurick LLC

Let’s Talk Turkey: Prohibitions on Marijuana Next on the Menu for a City or State Near You?

In Pennsylvania, fall is in full swing, football season is hitting its stride and Thanksgiving is just around the corner.  What is on the menu for employers as the fall turns to winter?  Maybe some more restrictions on...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

Littler

Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

Littler on

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more

Jackson Lewis P.C.

Pittsburgh to Limit Employers’ Ability to Drug-Test Medical Marijuana Patients

Jackson Lewis P.C. on

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

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on

Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...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

Troutman Pepper Locke

NCAA Drug Testing & Cannabinoids: A Break-Up Story

Troutman Pepper Locke on

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

Parker Poe Adams & Bernstein LLP

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more

Dickinson Wright

What Ohio Employers Need to Know As Legal Marijuana Sales Begin

Dickinson Wright on

Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

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

Mitratech Holdings, Inc

Clearing the Haze: Exploring the Movement Away from Marijuana Testing

Discussions about marijuana testing in the workplace have taken over HR circles. There has been a shift from testing, sparking debate and raising questions. What does the future look like for marijuana testing – and is there...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

Littler on

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...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

Frantz Ward LLP

The Impact of Ohio’s Legalization of Recreational Marijuana on the BWC’s Drug-Free Safety Program

Frantz Ward LLP on

Frantz Ward’s Labor & Employment Group has previously written about the Ohio Bureau of Workers’ Compensation’s treatment of marijuana in its Drug-Free Safety Program (DFSP) following the legalization of medical marijuana in...more

Dickinson Wright

Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State

Dickinson Wright on

With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow...more

Jackson Lewis P.C.

Ohio Passes Recreational Marijuana Law: What Employers Should Know

Jackson Lewis P.C. on

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

Frantz Ward LLP

How The Outcome of Ohio Issue 2 May Impact Employers

Frantz Ward LLP on

Next week, Ohioans will head to the polls to vote on Issue 2, which would legalize and regulate recreational marijuana for Ohioans over the age of 21 to include cultivation, sale, purchase, possession, use and home growth, in...more

Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Venable LLP on

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

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DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

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