The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities.

As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis for Illinois adults starting January 1, 2020. The Legalization Act

In a time where marijuana legalization is rapidly expanding, all employers should reassess their workplace drug testing policies to be sure they are in compliance with existing and soon to be effective state and local laws.  Currently, thirty-three states, the District of Columbia, and Puerto Rico have passed laws broadly legalizing marijuana in some form. 

Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a pre-employment drug test. While there is debate as to whether some medical and recreational cannabis laws, including in Maine, allow an employer to take action based on off-duty or off-premises cannabis use, when it comes to job applicants, Nevada law could not be more clear.
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The Illinois General Assembly has been working on a marijuana legalization bill this session.  The Senate Bill would protect employer rights to ban marijuana and discipline employees for use.

Across the country, states are moving to legalize medical and recreational marijuana.  In states that legalize recreational marijuana, employers and drug testing services have seen significant increases in positivity rates for marijuana metabolites.  Wider marijuana use will require employers to take action to ensure safe work environments for their employees, especially in safety sensitive settings.  Drug policies must be updated and must address discrimination concerns.  To that end, we are closely monitoring new forms of discrimination claims from medical marijuana users and regarded-as disabled employees.  See our recent blog concerning a related Arizona court decision.
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An Arizona federal district court judge entered judgment against Walmart Inc. for terminating the employment of a woman who had been prescribed medical marijuana because it had not established through expert evidence that the employee was impaired by marijuana at work despite high levels of marijuana in the results of her drug test.  Therefore, the

What a year it’s been in legalizing cannabis—from conservative states legalizing medical marijuana—to city ordinances imposing cannabis requirements. Changes in Cannabis laws are definitely creating a buzz for SF and Utah employers.

Background Checks SF. San Francisco, known for its forward progress in the cannabis space, has done it again. Effective October 1, 2018,