The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of marijuana outside of work hours was “lawful use” under state law. Ceballos v. NP Palace, LLC, No.
Recreational Marijuana
Rhode Island Legalizes Recreational Marijuana and Protects Off-Duty Use
Rhode Island Governor Dan McKee signed a bill legalizing recreational marijuana in the state on May 25, 2022. The new law took effect immediately. Adults age 21 and older now can possess up to an ounce of cannabis, may grow cannabis within their primary residence (up to certain limits) and possess up to 10…
New York Department of Labor Publishes Guidance Addressing Recreational Marijuana In The Workplace; Most Drug Testing For Marijuana Is Prohibited
The New York Department of Labor (“DOL”) recently published guidance and FAQs entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation Act (“MRTA”). MRTA legalized marijuana use and possession for adults who are 21 and older, effective March 31, 2021, and…
FDA and CDC Issue Warnings Regarding Health Risks of Using Delta-8 THC Products
The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention issued warnings to the public regarding the potential health risks of using Delta-8 THC products on September 14, 2021.
The FDA’s latest consumer update, 5 Things To Know About Delta-8 Tetrahydrocannabinol – Delta-8 THC, begins with a warning in large red…
New Jersey Cannabis Regulatory Commission’s Rules Do Not Address Standards For Workplace Marijuana Testing
The New Jersey Cannabis Regulatory Commission (the “Commission”) published the first set of rules and regulations on August 19, 2021 governing recreational cannabis use in New Jersey (“Personal-Use Cannabis Rules”) under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”). Those regulations do not include standards for employers to utilize a Workplace Impairment Recognition…
Marijuana Use Laws Budding In Virginia On July 1, 2021
Consistent with legislative trends, Virginia weighed in further on the nationwide marijuana debate by enacting two new comprehensive cannabis-related laws. The first prohibits discipline for employee’s medical use of cannabis oil. The second is an omnibus bill permitting all individuals over the age of 21 to lawfully possess recreational marijuana. All provisions go…
Connecticut Legalizes Recreational Marijuana
Connecticut has become the 19th state to legalize recreational marijuana use by adults.
Governor Ned Lamont signed the Act Concerning Responsible and Equitable Regulation of Adult-use Cannabis on June 22, 2021. Connecticut will permit individuals 21 years of age and older to possess and use recreational cannabis. Individuals cannot possess more than 1.5 ounces…
Montana Will Protect Off-Duty Use of Marijuana Next Year
Montana Governor Greg Gianforte signed legislation on May 18, 2021 that will provide protections for off-duty use of marijuana starting on January 1, 2022.
Montana citizens voted to legalize recreational marijuana in November 2020. The ballot initiative did not provide employment-related protections and focused on employer restrictions of on-duty use of the drug. The newly-signed…
New Marijuana Laws in New Mexico and Virginia
2021 has brought a flurry of activity surrounding marijuana laws, particularly recreational marijuana use. The number of states approving recreational marijuana continues to grow.
New Mexico
On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed the state’s recreational marijuana bill. The New Mexico recreational marijuana law will take effect in late June 2021.…
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…