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Medical Marijuana Screening Procedures

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

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

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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

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

Faegre Drinker Biddle & Reath LLP

New Jersey Expands Employment Protections to Medical Marijuana Users

New Jersey recently joined a growing number of states, including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island, that afford certain job...more

Parker Poe Adams & Bernstein LLP

Can Employers Stop Testing for Marijuana?

Over the past year, we have had a number of employers ask about removing marijuana from the panel of illegal substances screened for applicants and/or employees. Some of these companies cite the low unemployment rate, stating...more

Flaster Greenberg PC

Medical Cannabis Goes to Work

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In the latest salvo in an evolving legal issue, a federal court in Arizona ruled against Walmart in a recent lawsuit for terminating an employee who possessed a valid medical marijuana card after a drug test of the worker...more

Littler

Michigan Employers Can Refuse to Hire Medical Marijuana Users

Littler on

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more

Miller Canfield

Michigan Court Confirms that Public Employers May Enforce Zero-Tolerance Drug Policies

Miller Canfield on

The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more

Akerman LLP - HR Defense

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

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

Bricker Graydon LLP

Medical Marijuana is here (sort of). Is your company ready?

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Ohio is in for some turbulence as it enters the world of legalized cannabis. The state’s medical marijuana program was to be fully implemented by September 8, 2018. ...more

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