Archives: Medical Marijuana

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New Mexico Amends Medical Marijuana Law To Provide Employment Protections

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 … Continue Reading

New York City Will Ban Pre-Employment Marijuana Testing in 2020

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 … Continue Reading

Medical Marijuana Users May Not Be Discriminated Against In New Jersey

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 New … Continue Reading

Possession Of A Medical Marijuana Card Alone Does Not Prove Marijuana Use, Appeals Court Holds

The Ninth Circuit Court of Appeals refused to dismiss a medical marijuana-using applicant’s disability discrimination claim because he did not state that he actually used marijuana at the time of his interview — even though he provided a copy of his medical marijuana card – and was not subjected to a drug test. Kamakeeaina v. … Continue Reading

Oklahoma “Unity Bill” Clarifies Medical Marijuana Law, Includes Provisions Helpful To Employers

The Oklahoma Medical Marijuana and Patient Protection Act was signed into law by Oklahoma Governor Stitt on March 14, 2019. Better known as the medical marijuana “Unity Bill,” the law clarifies certain regulatory aspects of the state’s existing medical marijuana law, and includes certain provisions that will be helpful to Oklahoma employers. The law will … Continue Reading

Delaware State Court Holds That Medical Marijuana User May Proceed With Lawsuit Against Employer

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 Kraft … Continue Reading

Voters in Three States Approve Marijuana Laws on Election Day

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law. Michigan: Recreational Marijuana Michigan Proposal 1 was passed by a majority (approximately 55% “Yes” and 45% “No”). Proposal 1, the Michigan Regulation and Taxation of Marijuana Act, legalizes … Continue Reading

Marijuana-Based Drug Is Placed On Schedule V of Controlled Substances Act

The U.S. Department of Justice and Drug Enforcement Administration announced on September 27, 2018 that Epidiolex, a cannabis-based drug approved by the Food & Drug Administration, is being placed in Schedule V of the federal Controlled Substances Act, the least restrictive schedule of the CSA. This is the first time that any marijuana-based drug has … Continue Reading

Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination

A federal court in Connecticut has held that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state’s medical marijuana law. The Court granted summary judgment to the applicant on her claim for employment discrimination but declined to award her attorneys’ fees or punitive damages. The Court … Continue Reading

New Jersey Law Does Not Require Employers To Accommodate Medical Marijuana Users By Waiving Drug Tests

A federal court in New Jersey has held that neither the New Jersey Compassionate Use Medical Marijuana Act (“NJCUMMA”) nor the New Jersey Law Against Discrimination (“NJLAD”) compels an employer to waive its requirements for employees to pass drug tests, even when those drug tests include testing for marijuana. Cotto v. Ardagh Glass Packing, CV-18-1037 … Continue Reading

Oklahoma Voters Pass Broad Medical Marijuana Law with Anti-Discrimination Provisions

Oklahoma became the 30th state to pass a medical marijuana law after voters approved it on June 26, 2018. The law gives broad discretion to physicians in prescribing medical marijuana, which should make it fairly easy to obtain. Additionally, the law restricts employers from taking action against applicants or employees solely based on their status … Continue Reading

FDA Approves Marijuana-Based Drug For the First Time

The U.S. Food and Drug Administration approved June 25, 2018 a prescription drug made from marijuana for the first time. The drug, known as Epidiolex, is approved to treat seizures in two rare and severe forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome, in patients two years of age and older. Epidiolex is made from … Continue Reading

Vermont Attorney General Publishes Guide to Marijuana in the Workplace

Vermont’s recreational marijuana law will take effect on July 1, 2018. (Click here for our previous blog summarizing this law and its impact on employers).  On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace. The Guide provides employers with an overview of … Continue Reading

FDA Seeks Comments on Potential Marijuana Reclassification Under International Drug Control Treaty

The Food and Drug Administration requested comments in a notice published in the Federal Register on April 9, 2018 concerning the “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use” of five marijuana-related substances: cannabis plant and resin; extracts and tinctures of cannabis; delta-9-tetrahydrocannabinol (THC); stereoisomers of … Continue Reading

Maine Department of Labor Provides No Guidance Concerning the Impact of the State’s Recreational Marijuana Law on Workplace Drug Testing

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, and … Continue Reading

Federal Court Rejects Constitutional Challenge To Marijuana’s Classification As Schedule I Drug

A federal district court in the Southern District of New York rejected a constitutional challenge to marijuana’s classification as a Schedule I drug under the federal Controlled Substances Act (“CSA”). Washington, et al. v. Jefferson Beauregard Sessions, III, et. al., 17 Civ. 5625 (AKH) (S.D.N.Y. Feb. 26, 2018). Plaintiffs consisted of a group of individual … Continue Reading

Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California

Although both medicinal and now recreational consumption of marijuana have been legalized in California, this legalization did not impact an employer’s right to discipline or even terminate employees for marijuana use. That could change for medical marijuana users if a bill pending before the California legislature becomes law.  To read the rest of this article, … Continue Reading

U.S. Department of Justice Ends Obama-Era Marijuana Policy

Three days after retail sales of marijuana became legal in California, U.S. Attorney General Jeff Sessions announced today a new marijuana enforcement policy which rescinds long-standing policy set by the Obama Administration. In a one-page memorandum, Mr. Sessions stated that marijuana is an illegal and dangerous drug, and directed all U.S. Attorneys to enforce the … Continue Reading

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug test, the U.S. District Court for the District of Connecticut has held. Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Health & … Continue Reading

Claim of Massachusetts Employee Fired for Medical Marijuana Use May Proceed, State High Court Rules

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 overturned … Continue Reading

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). The … Continue Reading

West Virginia Enacts Medical Marijuana Law

West Virginia Governor Jim Justice signed legislation that legalizes the use of marijuana for medicinal uses on April 19, 2017. The new law, Senate Bill 386, known as “The West Virginia Medical Cannabis Act,” permits patients suffering from serious medical conditions including cancer, ALS, HIV/AIDS, multiple sclerosis, Parkinson’s disease, epilepsy, neuropathies, Huntington’s disease, Crohn’s disease, … Continue Reading

Licensed Medical Marijuana Caregiver’s Termination For Selling Drugs At Work Was Not Age Discrimination

A federal court in Michigan dismissed the age discrimination claim of a licensed medical marijuana caregiver who was terminated in connection with an investigation into drug activity at work. Henry v. Outback Steakhouse of Fla., LLC, No. 15-cv-10755 (E.D. Mich. April 18, 2017). Medical marijuana is legal in Michigan, but the drug still is illegal … Continue Reading
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