- Required to permit or accommodate an employee’s use, possession,
Recreational Marijuana
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…
U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine
By Kathryn J. Russo on
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. This means that marijuana would be considered a drug with “moderate to low potential for physical and psychological dependence.”…
New Marijuana Laws Take Effect in California and Washington on January 1, 2024
By Kathryn J. Russo on
The new year is approaching quickly and employers must get ready for the new marijuana laws that will take effect in California and Washington. These laws are very different from other states’ marijuana laws. In our firm’s latest “We Get Work” podcast, Catherine Cano and I discuss what employers need to know about these laws. …
Ohio Passes Recreational Marijuana Law: What Employers Should Know
By Kathryn J. Russo, Blythe C. McGregor & Anthony McNamara on
Posted in New Legislation, Recreational Marijuana
Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of recreational marijuana. The new law does not require an employer to “accommodate an employee’s use, possession, or distribution of adult use…
California Bans Inquiries About Applicant Cannabis Use
By Kathryn J. Russo & Ellen E. Cohen on
Posted in Medical Marijuana, Recreational Marijuana
On October 7, 2023 Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history.
However, SB 700 does not preempt state…
District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13
By Matthew F. Nieman on
The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibiting both possession and use of marijuana.
In addition to protections for private employees, the …
Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use
By Catherine A. Cano & Lainey Luthens on
Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two pounds of cannabis flower in the individual’s private residence, among other things.
Minnesota has had a medical…
Washington State to Bar Employers From Relying on Off-Duty Use of Marijuana in Hiring Decisions
By Kathryn J. Russo on
The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.
Noting that recreational…
What New York Employers Need to Know About Marijuana Two Years After Legalization
By Kathryn J. Russo on
It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated). Because many employers still are confused about what New York law requires, here is a recap:
All Off-Duty Use of …