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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more
A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test. Espindola v. Wismettac...more
New Jersey recently joined a growing number of states, including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island, that afford certain job...more
Over the past year, we have had a number of employers ask about removing marijuana from the panel of illegal substances screened for applicants and/or employees. Some of these companies cite the low unemployment rate, stating...more
In the latest salvo in an evolving legal issue, a federal court in Arizona ruled against Walmart in a recent lawsuit for terminating an employee who possessed a valid medical marijuana card after a drug test of the worker...more
In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more
The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more
A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more
The magical mystery tour of medical marijuana-related employment litigation continued earlier this month with a decision out of the U.S. District Court for the District of Connecticut in the case of Noffsinger v. SSC Niantic...more