Popular, Employment Policies, Medical Marijuana

Texas Employers Should Prepare for Uptick in Cannabis Use and Accommodation Requests as State Expands Medical Marijuana Law

Fisher Phillips on 7/17/2025

You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1. In addition to changing the...more

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2024

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...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

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on 6/22/2023

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...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

Marijuana in the Workplace: Uncertainty and Risks for Employers

Chartwell Law on 2/9/2022

Employers continue to grapple with New Jersey’s marijuana laws. First enacted in 2010, and amended in 2019, the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA) legalized the medicinal use of marijuana. More...more

Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization

Troutman Pepper Locke on 5/12/2021

As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more

State & Local Employment Law Developments: Q1 2021

Faegre Drinker Biddle & Reath LLP on 4/2/2021

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

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on 9/5/2019

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

Jackson Lewis P.C. on 7/15/2019

New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana...more

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on 7/2/2019

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Schulte on 6/20/2019

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

State & Local Employment Law Developments: Q1 2019

Faegre Drinker Biddle & Reath LLP on 4/10/2019

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

Even Without New Reform Legislation, New Jersey Employers May Have to Accommodate Medical Marijuana Use

Clark Hill PLC on 4/9/2019

New Jersey employers may have to accommodate employees who are treating with medical marijuana. In Wild v. Carriage Funeral Home, a panel of New Jersey’s Appellate Judges held that simply because New Jersey’s Compassionate...more

Medical Marijuana Users May Not Be Discriminated Against In New Jersey

Jackson Lewis P.C. on 4/1/2019

A New Jersey appellate court has held that a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana....more

CALIFORNIA SNAPSHOT: Is "Medical Marijuana Accommodation" On The Way?

Constangy, Brooks, Smith & Prophete, LLP on 2/1/2019

Let's be blunt. The legalization of medical and recreational marijuana use in California has placed employers in a tough situation as they grapple with crafting and enforcing workplace drug policies that comply with an area...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

California Bill to Add Medical Marijuana Use as Protected Classification Fails

Parker Poe Adams & Bernstein LLP on 7/16/2018

States that have legalized medical or recreational marijuana use continue to struggle with reconciling those laws with employers’ ability to regulate employees’ marijuana use. Recently, the California legislature failed to...more

Recent Decisions Suggest that Employers Cannot Terminate or Refuse to Hire Medical Marijuana Cardholders for Failing a Drug Test

Tucker Arensberg, P.C. on 3/27/2018

Two recent decisions from Rhode Island and Massachusetts suggest that employers cannot terminate or refuse to hire medical marijuana cardholders for failing a company drug test. Although these decisions are not binding in...more

Into The Weeds: Will California Employment Law Protect Medical Marijuana Users?

Seyfarth Shaw LLP on 3/8/2018

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users. California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on 1/30/2018

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

Littler on 8/17/2017

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

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