News & Analysis as of August 3, 2025

Medical Marijuana › Drug Testing › State Labor Laws

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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 -

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

Seyfarth Shaw LLP on 6/4/2025

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

Toking the Line: Where Medical Marijuana Meets Employment Law

Snell & Wilmer on 4/7/2025

The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

Bradley Arant Boult Cummings LLP on 12/17/2024

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

Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Littler on 10/28/2024

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

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on 9/17/2024

North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on 3/26/2024

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

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

Littler on 3/20/2024

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

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper Locke on 10/24/2023

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use

Jackson Lewis P.C. on 6/5/2023

Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two...more

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on 5/19/2023

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Use of Cannabis by Workers in Safety-Sensitive Positions

McGlinchey Stafford on 5/17/2023

States Regulating Marijuana Use Off-Site and At Work- While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more

Effective January 2024, New Washington Law Limits Employers’ Ability to Decline to Hire People for Past Cannabis Use

Miller Nash LLP on 5/11/2023

Although Washington decriminalized recreational use of cannabis in 2012, employers in Washington have been free to deny employment on the basis of any evidence of cannabis use, including pre-hire drug testing, and even if...more

Court upholds firing of marijuana cardholders discharged after positive weed test

McAfee & Taft on 2/20/2023

Oklahoma and Arkansas medical marijuana laws - Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

Rivkin Radler LLP on 10/21/2022

Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

Bradley Arant Boult Cummings LLP on 9/1/2022

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

State & Local Employment Law Developments: Q2 2021

Faegre Drinker Biddle & Reath LLP on 7/2/2021

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

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

Sands Anderson PC on 5/20/2021

Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana

Harris Beach Murtha PLLC on 3/30/2021

Recreational, adult-use marijuana is poised to become legal in New York state. The changes that legalization brings for virtually every workplace include modifications and updates to employer policies and procedures regarding...more

WHAT ARE YOU SMOKING? New Jersey’s New Cannabis Law Also Changes the Rules for Employers

Flaster Greenberg PC on 3/9/2021

As New Jersey enters a new era of legalized cannabis, employers face a whole new crop of questions about responding to employee cannabis use. The newly passed New Jersey Cannabis Regulatory, Enforcement Assistance, and...more

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

McNees Wallace & Nurick LLC on 10/19/2020

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

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