Consistent with legislative trends, Virginia weighed in further on the nationwide marijuana debate by enacting two new comprehensive cannabis-related laws. The first prohibits discipline for employee’s medical use of cannabis oil. The second is an omnibus bill permitting all individuals over the age of 21 to lawfully possess recreational marijuana. All provisions go
Matthew F. Nieman
Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use
By Kathryn J. Russo & Matthew F. Nieman on
Posted in New Legislation, Recreational Marijuana
Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took effect on May 2, 2018, replaced one that had been the subject of controversy, particularly with regard to certain employer-related provisions.
Background
Certain…
Maine Department of Labor Provides No Guidance Concerning the Impact of the State’s Recreational Marijuana Law on Workplace Drug Testing
By Kathryn J. Russo & Matthew F. Nieman on
Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged here, the law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. On its face, this law effectively prevents Maine employers from testing for marijuana for pre-employment purposes,…
Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers
By Kathryn J. Russo & Matthew F. Nieman on
A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes. The law also affects employers who employ employees subject to federal drug and alcohol testing regulations as well as…
Claim of Massachusetts Employee Fired for Medical Marijuana Use May Proceed, State High Court Rules
By Matthew F. Nieman & Sarah R. Skubas on
An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the Massachusetts Supreme Judicial Court has ruled. Barbuto v. Advantage Sales & Marketing, LLC, SJC -12226 (July 17, 2017). The Court’s ruling partially…
Employer’s Refusal to Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds
Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Ct., May 23, 2017).…