On September 18, 2022, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 2188, which prohibits employer discrimination based on employees’ use of cannabis off the job and away from the workplace.
Continue Reading New California Legislation Protects Workers’ Personal Marijuana Use
Lost in the weeds of recent COVID-19 news is the increasing number of states and localities that have legalized medicinal and recreational use of marijuana. Such legalization brings with it varying degrees of worker protections and employer obligations. Philadelphia, PA and the state of Montana are two of the latest jurisdictions to add their names to the sprouting list of jurisdictions that protect not only medical use, but also recreational use of marijuana. These protections will undoubtedly usher in a new wave of test cases and compliance questions, particularly as many workplaces shift to remote models.
Continue Reading Philadelphia and Montana Join List of Jurisdictions That Provide Protections for Recreational Marijuana Use
Illinois joined the growing list of states to legalize marijuana as of January 1, 2020. Employers with employees in Illinois should consider how the new law may affect their business, and review their policies to ensure compliance with the statute.
Continue Reading What Employers Need to Know About Legal Marijuana in Illinois
Voters in Michigan, Utah and Missouri passed marijuana-related ballot measures in the November 2018 elections. Each of these measures recognizes that marijuana remains a controlled substance, and illegal, under federal law, and that authorized users, growers, physicians, and any others who properly support or participate in these programs will be shielded from liability only under state law.
Continue Reading Drug-Free Workplaces Are Not Compromised by 2018’s Newest Crop of Marijuana Laws
As we previously discussed, employers continue to grapple with the workplace effect of medical marijuana laws (enacted in twenty-three states and the District of Columbia), as well as the recreational marijuana laws of Colorado, Washington, Oregon and Alaska.
Continue Reading Medical Marijuana – Colorado Supreme Court Further Clarifies Employer’s Right To Drug-Free Workplace
Twenty-three states and the District of Columbia have enacted laws which decriminalize the use of marijuana for medical purposes.
Continue Reading Anti-Discrimination Provisions in State Medical Marijuana Laws Raise Additional Considerations for Workplace Drug Testing
On May 21, 2012, the Ninth Circuit Court of Appeals held in a split decision that the Americans with Disabilities Act (“ADA”) does not bar discrimination based on marijuana use unless that use is authorized under federal law. In James v. City of Costa Mesa, No. 10–55769, the court held that even marijuana use under a doctor’s supervision in accordance with state law was not protected under the ADA. The court held that the ADA excludes illegal drug users from its definition of qualified individuals with a disability. Although generally-applicable California drug laws carve out an exception for uses of marijuana for medical purposes under doctor supervision, there are no such exceptions to the federal Controlled Substances Act. Since the ADA defines “illegal drug use” by reference to federal law, and the federal law does not authorize marijuana use for medical purposes, the Ninth Circuit Court of Appeals decided that discrimination in the provision of public services based on marijuana use was not prohibited by the ADA.