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Marijuana Employee Rights Employment Policies

Jackson Lewis P.C.

California Construction Employers May Rely On Legal Exemption To Drug Test for Marijuana

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California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more

Montgomery McCracken

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

Montgomery McCracken on

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

Woods Rogers

Weed in the Workplace: What’s the Tea in L&E?

Woods Rogers on

In this episode, Anne Bibeau, Co-Chair of the Labor & Employment Practice, joins host Leah Stiegler to discuss marijuana use in the workplace. While marijuana remains illegal under federal law, many states have legalized its...more

Parker Poe Adams & Bernstein LLP

Should Employers Discipline Workers for Suspected Marijuana Use Without a Drug Test?

Drug testing for marijuana has never been an exact science. There is no consensus on what level of marijuana in the bloodstream constitutes intoxication. Unlike alcohol, employees who used marijuana weeks ago or longer can...more

Whiteford

Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work

Whiteford on

In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...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

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...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

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

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations....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

Weintraub Tobin

California Employment News: Expanded Workplace Protections Regarding Cannabis Use

Weintraub Tobin on

New laws in 2024 expand workplace protections for employees regarding their current and past cannabis use. Nikki Mahmoudi and Tomiwa Aina review these changes, previewed in our 2024 Employment Law Update seminars, in this...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

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 4

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

Lathrop GPM

Employers Should Take Note of Important Minnesota Employment Law Developments From the 2023 Legislative Session

Lathrop GPM on

The 2023 Minnesota legislative session was an active one and has resulted in a number of new employment law obligations for employers with Minnesota-based employees...more

Lerch, Early & Brewer

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

Lerch, Early & Brewer on

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

Seyfarth Shaw LLP

Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

Seyfarth Shaw LLP on

On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

Littler on

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

Sheppard Mullin Richter & Hampton LLP

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

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

Maryland and Missouri Pass Recreational Marijuana, Missouri Adds Medical Marijuana Cardholder Employment Protections

On November 8, 2022, voters in Maryland and Missouri overwhelmingly approved ballot measures to legalize recreational marijuana, becoming the 20th and 21st states to do so. And, as part of the ballot initiative in Missouri,...more

Littler

Recreational Marijuana in Missouri Is Coming Soon – What Employers Need to Know

Littler on

On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have...more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

Payne & Fears on

Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

Littler

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

Parker Poe Adams & Bernstein LLP

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

​​​​​​​Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

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