The U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a “Clearinghouse Update” on May 27, 2021 reminding commercial motor vehicle drivers who are regulated by the FMCSA that they should exercise caution when considering whether to use hemp and cannabidiol (CBD) products. Specifically, the update stated that it is important for all employees
Alabama Enacts Medical Marijuana Law
Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions including Crohn’s disease, depression, epilepsy, HIV/AIDs, panic disorder, Parkinson’s disease, persistent nausea, post-traumatic stress disorder, chronic or intractable pain, among
Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022
The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022.
The new Chapter 9-4700 of the Philadelphia Code states that except as otherwise provided by law, or as provided in the exceptions (listed below) that it is unlawful for an employer,
Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case
The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13, 2021).
Hager suffered a back injury in a work-related accident in 2001. He underwent surgeries and used opioid medications
New York Legalizes Recreational Marijuana
New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin until mid-2022. This change potentially immediately impacts a New York employer’s ability to take adverse actions against applicants and employees based on
How New Jersey’s Recreational Marijuana Law Significantly Affects Workplace Drug Testing
New Jersey Governor Phil Murphy signed into law three marijuana reform bills on February 22, 2021. The first, New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (A21), legalizes and regulates cannabis use and possession for adults who are 21 and older. Two other laws decriminalize marijuana and hashish possession (A1897) and clarify marijuana
DOT Random Drug and Alcohol Testing Rates for 2021
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2021. The random test rates did not change for 2021.
| Agency | 2021 Random Drug Testing Rate | 2021 Random Alcohol Testing Rate |
|
Federal Aviation Administration |
25% | 10% |
|
Federal Motor Carrier Administration |
50% | 10% |
|
Federal Railway Administration |
Voters in Five States Approve Marijuana Ballot Initiatives on Election Day
Voters in Arizona, Mississippi, Montana, New Jersey, and South Dakota approved laws to legalize marijuana on Election Day 2020. Recreational marijuana was approved in Arizona, Montana, and New Jersey, while Mississippi voters approved medical marijuana. South Dakota voters approved both medical and recreational marijuana ballot initiatives.
Medical Marijuana
- Mississippi – Mississippi Ballot Measure 1 passed,
Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result
A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk. Beal v. Muncie Sanitary District, Case No. 1:19-cv-01506 (S.D. Ind.
Rhode Island Employee May Proceed With Lawsuit Alleging That Termination For Failed Breath Test Violated State Law
A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL Plasma, Inc., Case No. 1:19-cv-00270 (D.R.I. September 14, 2020).
Stafford worked for CSL Plasma for about a year as