News & Analysis as of August 3, 2025

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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 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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/17/2025

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2025

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

Fisher Phillips on 7/17/2024

A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....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

Medical Marijuana Musings (Two Years Later)

McNees Wallace & Nurick LLC on 2/10/2020

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

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

Rumberger | Kirk on 1/31/2020

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

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

Seyfarth Shaw LLP on 12/4/2019

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

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper Locke on 11/22/2019

Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

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

FordHarrison on 8/13/2019

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

Nevada Bans Discrimination Over Cannabis Use

Stokes Wagner on 8/1/2019

In January 2020, Nevada will become the first state to bar employers from refusing to hire a prospective employee due to a positive drug test for cannabis. The new law carves out some exceptions for employees who operate a...more

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

FordHarrison on 7/10/2019

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

State & Local Employment Law Developments: Q2 2019

Faegre Drinker Biddle & Reath LLP on 7/2/2019

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

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

Littler on 6/26/2019

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

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on 1/3/2019

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

Parker Poe Adams & Bernstein LLP on 10/19/2018

As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on 9/26/2018

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User

Seyfarth Shaw LLP on 9/14/2018

Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/8/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

Nutter McClennen & Fish LLP on 7/24/2017

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

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