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Medical Marijuana › Disability Discrimination › Employment Discrimination

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

Seyfarth Shaw LLP on

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

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

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

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

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

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

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

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

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

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

Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use

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

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities....more

Whiteford

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

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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

Proskauer - Law and the Workplace

Florida HR Considerations: Marijuana in the Workplace

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First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q1 2021

Faegre Drinker Biddle & Reath LLP on

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Bond Schoeneck & King PLLC

Employer Discrimination Against Certified Medical Marijuana Users

Bond Schoeneck & King PLLC on

On Jan. 28, the New York State Appellate Division, First Department, issued a decision with potentially significant implications for employers confronted with their employees’ use of medical marijuana. ...more

Zelle LLP

Employment Law Navigator – Week in Review: July 2017 #4

Zelle LLP on

Last week, HR Dive reported on a Washington federal court’s June order requiring that a public employer pay $1.8 million to a terminated employee. The worker was fired when she failed a drug test due to her lawful use of...more

Morgan Lewis

Massachusetts SJC: Medical Marijuana Users May Be Safe from Employer Discrimination

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In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship....more

Partridge Snow & Hahn LLP

Massachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users

Partridge Snow & Hahn LLP on

In May 2017, we reported on Callahan v. Darlington Fabrics and the Moore Company, a Rhode Island Superior Court decision that applied workplace anti-discrimination protections to medical marijuana users. Massachusetts has now...more

Goodwin

Massachusetts Rules Medical Marijuana Use May Be a Reasonable Accommodation Under State’s Handicap Discrimination Statute

Goodwin on

..The Massachusetts Supreme Judicial Court has determined that it may be a reasonable accommodation under the state anti-discrimination law for a handicapped employee to use medical marijuana, if certified by a physician,...more

Hinshaw & Culbertson LLP

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

Hinshaw & Culbertson LLP on

On Monday, July 17, 2017, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her...more

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