Drug and Alcohol Testing

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New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana program. The law amends the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-2 et seq., (and changes its name…

A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or alcohol tests required under the U.S. Department of Transportation (DOT)’s regulations. Vuono, et al. v. Consolidated Edison of New York, Inc.…

A growing number of states have passed anti-discrimination laws pertaining to medical marijuana use. While medical marijuana is becoming widely legalized under state law, marijuana and its most identifiable active chemical, THC, remain listed as Schedule I drugs under the federal Controlled Substances Act. Still, the legalized marijuana market, and the science behind the research…

We previously blogged about the law passed by the New York City Council on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. Because the law was not signed or vetoed by Mayor de Blasio within 30 days of passage, it became law on May 10, 2019. The law provides…

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. Although…

The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. The amendments were signed into law by the governor on April 4, 2019.

The law now provides that “unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law…

The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. The law is expected to be signed by the mayor and will take effect one year later. This law is the first of its kind in the United States.

The new law…

A New Jersey appellate court has held that a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana. Wild v. Carriage Funeral Holdings, Inc., et al., Docket No. A-3072-17T3 (N.J. App. Div. Mar. 27, 2019). Although the…

The South Carolina Supreme Court held that laboratories who perform workplace drug tests on behalf of employers owe a duty of care to the individuals who are tested and may be sued for negligence for failing to properly and accurately perform the drug tests and report the results. Shaw v. Psychemedics Corp., App. Case…

A Delaware state court has held that a medical marijuana user may proceed with a lawsuit against his former employer after his employment was terminated due to a positive drug test result for marijuana. Chance v. Kraft Heinz Foods Co., C.A. No. K18C-01-056 NEP (Del. Super. Ct. Dec. 17, 2018).

Jeremiah Chance worked for…