News & Analysis as of

Marijuana Employer Responsibilities

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

Jackson Lewis P.C. on

California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...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

Tucker Arensberg, P.C.

What Employers Need to Know About Pennsylvania’s Pending Cannabis, Equal Pay, and Non-Compete Legislation

Tucker Arensberg, P.C. on

As of May 2025, the Cannabis Health and Safety Act (House Bill 1200) is pending in the Senate awaiting revisions by the Law and Justice Committee. The act proposes a wide swath of “decriminalization” of the production, sale,...more

Miller Nash LLP

Washington State Law Provides Agricultural Cannabis Workers the Right to Unionize

Miller Nash LLP on

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

Mandelbaum Barrett PC

Educate and Empower Your Team: Navigating the WIRE Mandate

Mandelbaum Barrett PC on

Navigating Workplace Impairment: What Employers Need to Know About WIREs - As the legal landscape around cannabis continues to evolve, employers face new challenges in managing workplace safety and compliance. With employees...more

Kohrman Jackson & Krantz LLP

Recreational Marijuana Use Becomes Legal in Ohio: Here is What Employers Need to Know

On November 7, 2023, Ohio voters passed An Act to Control and Regulate Adult Use of Cannabis (the Act), making Ohio the 24th state to legalize recreational adult use of marijuana. While Ohio and its Department of Commerce is...more

Husch Blackwell LLP

Missouri Joins Growing List of States Legalizing the Adult Use of Recreational Marijuana: What This Means for Missouri Employers

Husch Blackwell LLP on

The voters of Missouri have spoken. During the 2022 Midterm Election, voters passed Amendment 3—a ballot measure legalizing the possession, use, and sale of marijuana to adults 21 years of age or older in the Show-Me-State....more

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

New Jersey Cannabis Regulatory Commission Releases Interim Drug Testing Guidance

​​​​​​​On September 9, 2022, the New Jersey Cannabis Regulatory Commission (NJ-CRC) issued long-awaited interim guidance to employers regarding the use of a Workplace Impairment Recognition Expert (WIRE) to “detect[] and...more

Proskauer - California Employment Law

Several State “Job Killer” Bills Move One Step Closer to Passage

As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation...more

Fisher Phillips

New York Publishes Guidance on Adult Cannabis Use and the Workplace – 4 Key Facts for Employers

Fisher Phillips on

New York employers have been anxiously awaiting additional information about how the legalization of recreational marijuana will impact the workplace – and they finally have some. The state’s Office of Cannabis Management...more

Holland & Knight LLP

N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

Holland & Knight LLP on

Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v....more

Baker Donelson

Cannabis Users Getting Greater Employment Protections in Some States

Baker Donelson on

New Jersey recently legalized the recreational use of marijuana and, at the same time, implemented protections for the use of cannabis products. New Jersey's new law will still allow employers to perform drug screenings of...more

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

Recreational Marijuana Is Legal in New Jersey: What Employers Need to Know

On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes...more

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