Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules
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 marijuana usage was not protected under the ADA (Skoric v. Marble Valley Regional Transit District). Quick Hits A federal district judge in Vermont […]
Ohio Becomes 24th State to Legalize Recreational Use of Marijuana: 7 Key Considerations for Employers
On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the Ohio General Assembly, will go into effect on December 7, 2023, but it will take months to establish […]
Stocking Naloxone in the Workplace: What Employers Need to Consider
It is well known that opioid overdoses have occurred at epidemic levels in the United States for years. According to the U.S. Centers for Disease Control and Prevention (CDC), opioid overdose deaths have increased from 21,089 in 2010, to 47,600 in 2017, to more than 80,000 in 2021 and 2022. As the number of deaths has […]
California Expands Marijuana Employment Antidiscrimination Law
On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with certain exceptions. The amendment takes effect on January 1, 2024. Quick Hits SB 700 amends California’s Fair Employment and Housing Act to prohibit […]
Right-to-Weed States: Assessing Impairment and Managing Employee Conduct in the Workplace
On May 9, 2023, the Washington state governor signed a law that will make it unlawful for employers to discriminate against hiring a person based on their marijuana usage, making Washington the latest state to become a right-to-weed state. With medical and recreational marijuana legalization spreading, a growing number of states are further implementing protections for […]
Majority of States Have Legalized Marijuana, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed
As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times per month. According to published reports, drug tests administered by one large national testing laboratory returned the highest rate of marijuana positive tests since 1997. […]
New Washington State Law Will Protect Job Applicants From Discrimination Based on Off-Duty Marijuana Use
Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair, blood, urine, or other bodily fluids. Washington’s new law, Senate Bill 5123, signed by Governor Jay Inslee on May 9, 2023, takes effect on January […]
Medical Marijuana in Your Suitcase? How One Basketball Player’s Conviction Raises Concerns for Employers
On October 25, 2022, U.S. professional basketball player Brittney Griner lost her bid in a Russian appeals court to overturn a nine-year sentence for attempting to smuggle illegal drugs into Russia. According to reports, Griner, a Women’s National Basketball Association star and two-time Olympic gold medalist, was arrested at a Russian airport in February 2022 […]
Maryland and Missouri Pass Recreational Marijuana, Missouri Adds Medical Marijuana Cardholder Employment Protections
On November 8, 2022, voters in Maryland and Missouri overwhelmingly approved ballot measures to legalize recreational marijuana, becoming the 20th and 21st states to do so. And, as part of the ballot initiative in Missouri, the existing medical marijuana law was amended to include express employment protections for medical marijuana cardholders. At the same time, […]
Colorado Voters Pass Proposition to Allow Regulated Use of Psychedelic Mushrooms
On November 8, 2022, voters in Colorado passed a ballot initiative to decriminalize possession of and legalize limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by those 21 years of age or older. The passage makes Colorado, which was one of the first states to legalize recreational marijuana, the second state to […]
California Passes Bill Protecting Employees’ Off-Duty Marijuana Use
California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the California legislature passed Assembly Bill (AB) 2188, which would prohibit employers from discriminating against “a person in hiring, termination, or […]
Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’
In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful activities” or “lawful off-duty conduct” outside of work. The court reasoned, in Ceballos v. NP Palace, LLC, that while recreational marijuana use is […]
