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Medical Marijuana › Adverse Employment Action › Employment Litigation

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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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

Littler

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

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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

Littler

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

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Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

McNees Wallace & Nurick LLC

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

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Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

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

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

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On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more

Littler

Rhode Island Supreme Court Upholds Dismissal of Driver Who Refused Reasonable Grounds Drug Test

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On May 29, 2020, the Rhode Island Supreme Court affirmed a trial court’s dismissal of a lawsuit alleging a violation of the Rhode Island drug testing statute brought against an employer that terminated an employee for...more

Ballard Spahr LLP

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

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Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Littler

NJ Supreme Court Holds Medical Marijuana Use Outside of the Workplace is Protected Under State Law and Employers are Required to...

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Resolving prior uncertainty regarding the impact of the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) on employees’ employment rights, the New Jersey Supreme Court recently held that employees can maintain an...more

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

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On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

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In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

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What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

McDermott Will & Emery

Courts Are Siding with Employees Who Use Medical Marijuana

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Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Troutman Pepper Locke

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

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Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

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At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

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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

Genova Burns LLC

PUMA Provision Provides Powerful Position for Prospective Employee in Connecticut Medical Marijuana Case

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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

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