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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

New Jersey Mandates Drug Testing Of Direct Support Staff

All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing, effective May 1, 2018. Under the Stephen Komninos’ Law, New Jersey Public Law 2017, Chapter 238, covered employers are required to administer pre-employment, random and … 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

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use

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 … Continue Reading

New York State Enacted Budget Includes Opioid Legislation

Please click here to read our colleagues’ article New York State Enacted Budget Includes Opioid Legislation.  As part of the 2018-2019 New York State Budget, the Governor and the Legislature have agreed to a package of legislation addressing the opioid crisis in New York that includes requiring opioid manufacturers and distributors to help fund treatment … Continue Reading

Iowa Drug Testing Law Amended; Lawsuits on the Rise

Although Iowa’s drug testing statute was enacted more than 30 years ago, it is still considered one of the most difficult laws in the country for purposes of employer compliance. The 10-page law includes provisions addressing permissible types of tests, written notice requirements, rehabilitation for positive alcohol test results, split-specimen testing, and mandatory supervisor training, … 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

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

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

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 … Continue Reading

Governor’s Veto of Recreational Marijuana Law Upheld by Maine House

The Maine House of Representative upheld November 6, 2017 Governor Paul R. LePage’s veto of a bill to legalize and regulate recreational marijuana. The 74-62 vote fell 17 votes short of the two-thirds margin required to override the Governor’s veto.  The bill had been drafted by a special committee that was supposed to implement a … Continue Reading

West Virginia Enacts Law Permitting Broad Employment-Related Drug And Alcohol Testing

Workplace drug and alcohol testing in West Virginia traditionally has been scrutinized by the courts and has been available to employers in limited circumstances.  That will change dramatically this summer when the state’s new drug and alcohol testing law, the West Virginia Safer Workplace Act, takes effect.  Passed by the state legislature on April 8, … 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

Maine Delays Implementation of Certain Provisions of Recreational Marijuana Law

Last November, Maine was one of four states in which voters approved a new recreational marijuana law. Maine’s law took effect on January 30, 2017; however, emergency legislation passed on January 27, 2017 delayed the implementation of certain provisions of the law.  Specifically, the emergency legislation: Delayed the effective date of most of the provisions … Continue Reading

President Trump Signs Measure That Will Allow Broader Drug Testing of Applicants For Unemployment Benefits

President Trump signed a Congressional Joint Resolution March 31 that will permit states to pass measures allowing for broader drug testing of applicants for unemployment benefits. The resolution nullified a U.S. Department of Labor final rule issued in August 2016 that permitted states to enact legislation to conduct drug testing of applicants for unemployment benefits … Continue Reading

Seven States Pass New Marijuana Laws On Election Day

Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws. Arizona’s proposed recreational marijuana law did not pass.  Read the full article on Jackson … Continue Reading

Eight States Will Vote On New Marijuana Laws On Election Day 2016

Currently, twenty-five states and the District of Columbia have medical marijuana laws, while four states and the District of Columbia have legalized marijuana for recreational use.  On Election Day 2016, eight more states will consider adopting such laws.  Here is a brief summary of those proposed laws, focusing on the implications for employers: Medical Marijuana … Continue Reading

Pennsylvania Enacts Medical Marijuana Law

Pennsylvania Governor Tom Wolf signed legislation that legalizes the use of marijuana for medicinal uses on April 17, 2016. The new law, Senate Bill 3, known as “The Medical Marijuana Act” permits patients suffering from ALS, autism, cancer, Crohn’s disease, nerve damage, epilepsy, glaucoma, HIV/AIDS, Huntington’s Disease, inflammatory bowel syndrome, intractable seizures, multiple sclerosis, Parkinson’s … Continue Reading

Hair Testing Guidelines Coming Within A Year For Commercial Motor Vehicle Drivers

President Obama signed the Fixing America’s Surface Transportation (FAST) Act on December 4, 2015, a law that funds improvements to the nation’s roads, bridges, transit systems, and rail transportation network for a period of five years. Among other things, the FAST Act directs the U.S. Department of Health and Human Services (DHHS) to issue scientific … Continue Reading

New York Passes Emergency Medical Marijuana Law

Less than two months before New York’s Compassionate Care Act of 2014 was supposed to make medical marijuana available to qualified patients, Governor Andrew Cuomo has signed a measure (A. 7060, S. 5086) creating “an expedited pathway” to the drug for the seriously ill. The purpose of the measure, according to its legislative findings and … Continue Reading

Louisiana Employers May Use Hair To Test For Drugs

Louisiana employers now can drug test employees’ hair samples, thanks to a recent amendment to the State’s drug testing statute. Signed by Governor Bobby Jindal on June 5, 2015, House Bill 379 closes an 18 year-old loophole in Louisiana’s drug testing law, which permitted employers to drug test hair specimens (in addition to blood, saliva and … Continue Reading

Georgia Enacts Medical Marijuana Law

Georgia became the twenty-fourth state to enact a medical marijuana law. On April 16, 2015, Governor Nathan Deal signed legislation that immediately legalizes the use of a low-potency form of cannabis oil for medicinal uses. The new law, House Bill 1, known as “Haleigh’s Hope Act,” permits patients suffering from cancer, Crohn’s disease, Lou Gehrig’s … Continue Reading
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