The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be selected. Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599
Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action
The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for enforcement of the provisions prohibiting discrimination against cannabis users. Erick Zanetich v. Wal-Mart Stores East, Inc. et al., Docket No. 23-1996
DOT Random Drug and Alcohol Testing Rates for 2025
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2025. The rates are the same as 2024, except that PHMSA has increased its random drug testing rate to 50%.
| Agency | 2025 Random Drug Testing Rate | 2025 Random Alcohol Testing Rate |
| Federal Aviation Administration | 25% | 10% |
| Federal Motor |
Florida Employers Should Consider Accommodations for Off-Duty Use of Medical Marijuana, Court Rules
Florida law requires employers to consider accommodations for off-duty use of medical marijuana, a Florida state court has held and granted the plaintiff’s motion for summary judgment. Giambrone v. Hillsborough County, No. 20-CA-4719 (Fla. 13th Cir. Ct. Dec. 10, 2024).
The plaintiff, Angelo Giambrone, was employed by Hillsborough County as an emergency medical technician (EMT)
Marijuana Ballot Initiatives Approved in Nebraska, Defeated in Three Other States
Nebraska voters approved medical cannabis measures, while voters in Florida, North Dakota, and South Dakota rejected ballot initiatives to legalize recreational cannabis on election day.
Nebraska Medical Cannabis Measures
Nebraska voters approved Ballot Initiatives 437 and 438, which legalize and regulate medical cannabis in the state. While the measures were widely supported, there is lingering
Pittsburgh to Limit Employers’ Ability to Drug-Test Medical Marijuana Patients
The Pittsburgh City Council unanimously passed an ordinance prohibiting discrimination against medical marijuana patients in the workplace and limiting certain types of marijuana drug testing by employers as to these patients. Mayor Ed Gainey is expected to sign the measure and it will take effect immediately after signing.
Pennsylvania state law already protects medical
DEA Will Hold Public Hearing to Address Marijuana Rescheduling
The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA). The hearing will take place on December 2, 2024 at 9 am ET at 700 Army Navy Drive, Arlington
Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?
- Required to permit or accommodate an employee’s use, possession,
Minnesota Will Allow Oral Fluid Testing For Drugs, Cannabis and Alcohol
Minnesota will amend its drug testing law to permit oral fluid testing for drugs, cannabis and alcohol, effective August 1, 2024.
The Drug and Alcohol Testing in the Workplace Act (“DATWA”) currently requires employers who conduct drug and alcohol testing to use specific certified laboratories and to permit confirmatory re-testing after an applicant or employee
Department of Justice Publishes Notice of Proposed Rulemaking to Reschedule Marijuana to Schedule III
The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the rule is finalized, marijuana would be considered a drug with “moderate to low potential for physical and psychological