News & Analysis as of

Marijuana Drug Testing Employees

Montgomery McCracken

Pennsylvania Recreational Marijuana: Where It Stands Now and What Comes Next

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On May 7, 2025, the Pennsylvania House of Representatives passed House Bill 1200 (HB 1200), which would have legalized adult-use marijuana across the Commonwealth. The bill authorized sales through state-run stores overseen...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...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

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

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

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

CDF Labor Law LLP

New Rules For California Employers Testing for Marijuana Use Are Approaching Fast

CDF Labor Law LLP on

California has officially, and for the first time, provided protections for users of recreational marijuana within the employment context. California Assembly Bill (“AB”) 2188, which takes effect on January 1, 2024, amends...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...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

Bradley Arant Boult Cummings LLP

2022, Who Were You? A Recap of Hot Issues in 2022.

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

Sheppard Mullin Richter & Hampton LLP

California Expands Employees’ Right to Off-Duty Cannabis Use

Beginning January 1, 2024, and following the passage of Assembly Bill 2188, the California Fair Employment and Housing Act (FEHA) will add employee protections against discrimination based on off-the-job cannabis use with a...more

Stoel Rives - World of Employment

AB 2188 Leaves California Employers' Policies on Marijuana Use up in Smoke

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use....more

Saul Ewing LLP

New Jersey Issues Guidance on Evaluating Cannabis Impairment in Employees

Saul Ewing LLP on

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some...more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

ArentFox Schiff

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct

ArentFox Schiff on

Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more

Foley & Lardner LLP

Pre-Employment Cannabis Testing: Is It Still Worth It?

Foley & Lardner LLP on

For years, most employers and employees alike assumed a clean drug test was a pre-requisite for getting hired. These pre-employment drug testing panels included a list of illegal drugs, and almost always included...more

Saul Ewing LLP

New York State and the City of Philadelphia Move to Prohibit Pre-Employment Marijuana Testing

Saul Ewing LLP on

New York State and the City of Philadelphia are the latest to take action on drug testing for cannabis use. As more states and municipalities enact legislation and ordinances regarding recreational cannabis use and expand...more

BakerHostetler

Screening Employees for Marijuana in New York Goes Up in Smoke

BakerHostetler on

Last month, Gov. Mario Cuomo signed the Marijuana Regulation and Taxation Act (MRTA), which legalized adult (21 years of age and up) use and possession of up to three ounces of marijuana (or 24 grams of concentrated...more

Saul Ewing LLP

New York’s New Adult -Use Cannabis Law Brings With It Immediate Action Items for Employers

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On March 31, 2021, Governor Cuomo signed into law the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which provides a framework for the state-sanctioned sale and use of cannabis for adult-use purposes (commonly...more

Fisher Phillips

High Times? Medical Marijuana In The Classroom

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Medical marijuana first became legal in the U.S. more than 20 years ago when, in 1996, California passed its groundbreaking law. Since then, an increasing number of states have passed their own laws to allow the legal use of...more

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