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Medical Marijuana › Job Applicants › Employee Rights

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

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

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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

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

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

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

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

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This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

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Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Seyfarth Shaw LLP

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

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On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more

FordHarrison

Recent Progression in the Legalization of Marijuana has left Employers Dazed and Confused

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In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more

FordHarrison

Van from TV's Atlanta Helps Us Explore Drug Testing in the Workplace

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Before Donald Glover (aka Childish Gambino) was singing duets with Beyonce, he was the brains behind TV’s Atlanta, a comedy-drama filmed and based in Atlanta, Georgia. Atlanta chronicles the efforts of Earnest “Earn” Marks...more

Littler

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

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Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana.  Under A.B. 132, employers are generally prohibited from...more

McAfee & Taft

Oklahoma Medical Marijuana and Patient Protection Act addresses workplace safety concerns for employers

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Oklahoma took its second major step into the field of medical marijuana yesterday, as Governor Stitt signed into law the so-called “Unity Bill” — a comprehensive measure designed to add regulatory clarity in the industry made...more

Littler

Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense

Littler on

A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of...more

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