The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports, some large employers have stopped testing job applicants for cannabis. As a result, other employers may be pondering whether to change their approach to an increasingly popular drug
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Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users
On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer might have to consider medical marijuana use
Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review
Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of what happened in 2021.
Connecticut
On June 22, 2021, Connecticut legalized recreational marijuana use by adults 21 years and older. Although provisions relating to possession are effective
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CDC Issues Guidance for Employers to Address Possible Marijuana Use by Drivers
Last month, the Centers for Disease Control, National Institute for Occupational Safety and Health, issued a bulletin directed to employers with workers who drive as part of their jobs. The bulletin, “Marijuana Driving: How to Keep Your Fleet’s Drivers Safe,” recognizes that marijuana use is on the rise due to the explosion of medical and recreational marijuana laws passed in
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Philadelphia’s Restrictions on Pre-Employment Marijuana Tests Become Effective January 1, 2022
Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action against applicants who test positive for marijuana,
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New Jersey Cannabis Regulatory Commission’s “Personal Use Cannabis Rules” Do Not Provide Guidance About Employer Drug Testing Practices
As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which is enabling legislation for the amendment to the New Jersey Constitution making lawful the recreational use of marijuana in the state.
While the new law, among other things, allows employers to
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Connecticut Becomes the 20th Jurisdiction to Legalize Recreational Marijuana
Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. On June 22, 2021, Connecticut Governor Ned Lamont signed a bill that legalized recreational marijuana use by adults 21 years and older. Although provisions relating to possession are effective now (as of July 1, 2021), the employment-related provisions are not effective until July 1, 2022. Because the new law will prohibit many employers from taking certain actions in the absence of clear policies addressing marijuana use or evidence of impairment, Connecticut employers that do not have written drug and alcohol testing policies should consider developing them in the near future and those companies that have policies in place should review and, if necessary, revise their current drug and alcohol testing policies. In addition, all employers should consider training their managers on making reasonable suspicion determinations.
Can employers still maintain a drug and alcohol-free workplace?
Yes. Employers do not have to tolerate employees being under the influence of marijuana while they are working and they may prohibit employees from using and possessing marijuana during work hours and while performing their job duties or on company premises. However, employers still must be mindful of the state law protections currently available to medical marijuana users including, among other things, not taking adverse action or otherwise discriminating against someone based solely on their status as a qualifying medical marijuana patient or their possession of medical marijuana.
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Iowa Supreme Court Takes on Employer Drug Testing Practices
Seyfarth Synopsis: On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that employers violated the statute after terminating employees in response to failed drug tests. The decisions serve as important reminders to employers to ensure their drug testing policies and practices
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California District Court Dismisses Disability Claims Based on Failed Preemployment Marijuana Screen
Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. First, an employer can condition an offer of employment on the completion of a preemployment drug screen, including a test for marijuana. This is true even though California has legalized marijuana
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Philadelphia Joins New York City and Nevada in Restricting Pre-Employment Marijuana Tests
On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking
Continue Reading Philadelphia Joins New York City and Nevada in Restricting Pre-Employment Marijuana Tests