MARIJUANA ARTICLE INDEX FOR 2022 FROM THE BACKGROUND BUZZ
January | National: Marijuana laws continue to pop up all across the country, with laws addressing recreational legalization and others regarding employee rights.
January | New Hampshire: Employers in New Hampshire should consider medical marijuana use as a reasonable accommodation, according to a recent court case.
February | Wisconsin: The legal status of various marijuana products in Wisconsin have presented legal concerns for employers.
February | National: With marijuana laws popping up across the country, employers have been forced to consider whether or not to continue with pre-employment testing.
February | Mississippi: The Mississippi Medical Cannabis Act has been enacted in the state, legalizing medical cannabis.
February | Philadelphia and Montana: Philadelphia and Montana now will offer protections for recreational marijuana, in addition to medical use.
February | New Hampshire: The Supreme Court of New Hampshire agreed with an employee in a discrimination case pertaining to the use of marijuana for medical purposes.
February | National: Employers across the country are reviewing their drug screening policies and some have dropped marijuana screening altogether, unless regulated by the DOT.
February | National: Marijuana laws across the country vary greatly, with some offering protections to employers and others taking a more employee-friendly approach.
March | Colorado: Employers, employees and communities continue to be baffled by how to respond to marijuana laws pertaining to recreational use.
March | New Jersey: Employers in New Jersey are continuing to try to make sense of the regulations of the CUMCA and CREAMMA, both frameworks for the use and regulation of marijuana.
March | Missouri: The suspension of marijuana specific pre-employment and random drug screenings for public employees in non-safety sensitive positions has been approved.
March | Ohio: Summary judgment was denied for both parties in a case in which an employer refused to hire an applicant who used opioid medication as a forklift driver.
March | Wisconsin: Even though a medical marijuana proposal is expected to be rejected, employers should still consider the legalities associated with marijuana use in various products.
April | Indiana: A federal court in Indiana ruled that no federal legal protection exists for the employee’s use of CBD oil.
April | National: Marijuana laws vary greatly across the country so it is important for employers to consider making decisions as to how federal laws will affect them.
April | National: Employers face new challenges every day due to a need to balance compliance with conflicting laws, maintaining a safe work environment and protecting privacy.
April | Indiana: A federal court dismissed an employee’s lawsuit after he tested positive for marijuana due to CBD use and claimed that his termination violated the ADA.
May | Florida: A federal district court has refused to dismiss an ADA lawsuit in which an employee was fired due to a positive test from CBD oil use.
May | Wisconsin: A recent lawsuit has confirmed that CBD does register on a drug screen as THC and an employee can be terminated for it.
May | National: The increasing marijuana laws are believed to be linked to a decrease in alcohol, nicotine and non-prescription opioid use.
May | Rhode Island: A bill has been signed that legalizes recreational marijuana for those 21 and older.
June | National: A new survey shows that 91 percent of U.S. adults say either that marijuana should be legal for medical and recreational use (60%) or for medical use only (31%).
June | Washington, D.C.: If signed, the Cannabis Employment Protections Act of 2022 would prohibit employers from taking action against employees based on a positive marijuana test.
June | Rhode Island: Recreational cannabis has been legalized in Rhode Island, extending employment protections to employees who use it during non-working hours.
June| New Jersey: Recreational cannabis sales began in New Jersey, but employers are awaiting the final rules of the NJ Cannabis Regulation Commission (CRC).
June | National: Employers must find ways to determine impairment due to cannabis use, rather than rely on positive drug tests.
June | North Carolina: North Carolina could soon make it legal to purchase cannabis and cannabis-infused products with a prescription at state-regulated dispensaries.
July | National: A new law was signed in Minnesota that allows for the sale and consumption of “edible cannabinoid” products.
July | Washington, D.C.: Adults 21 and older can now self-certify their eligibility to use medicinal pot in Washington, D.C.
July | Minnesota: Minnesotans 21 and older are now permitted to buy certain edibles and beverages containing small amounts of THC.
July | Washington, D.C.: Employers will soon be prohibited from testing applicants and employees for cannabis use as a condition of employment.
July | National: Several studies show that Gen Z prefers marijuana over alcohol.
July | National: It is more difficult to test for cannabis impairment than other substances, according to research from RTI International.
July | National: The United States Navy could add regulations regarding the use of cannabis for its members.
July | National: Risk management professionals are facing complex issues regarding cannabis and have very little guidance on how to respond to employee use.
August | National: Twenty-seven states have passed laws either fully or partially decriminalizing certain marijuana possession offenses.
August | Washington, D.C.: A new law has been signed that prohibits most employers from taking adverse action for off-duty cannabis use.
August | Minnesota: A new law provides clarity regarding hemp-derived consumables stemming from the Agriculture Improvement Acct of 2018.
August | Washington, D.C.: The Cannabis Employment Protections Amendment Act 2022 extends protections to residents who use marijuana medically and recreationally.
September | Nevada: In a recent case, the Nevada Supreme Court analyzed whether an employer could discharge an employee for recreational marijuana use.
September | Washington, D.C.: A new bill will prohibit most employers from taking adverse action for off-duty cannabis use.
September | California: Several new measures have been signed into law relating to marijuana, including some related to discrimination based on off-duty use.
September | Mississippi: Although cannabis is expected to be legalized for medical use, the law will be highly regulated and does not require employers to allow its use while on the job.
September | New Jersey: The Commission has released interim Guidance to assist employers with making “workplace impairment” determinations under the CREAMMA.
September | National: Marijuana may still be illegal at the federal level, but many states are working toward providing protections for workers who use cannabis.
September | Canada: Cannabis use has been found to be the cause of an increase in risk of injury and trips trip to the ER or hospitalization, according to a recent study.
September | Minnesota: Adults in Minnesota are now lawfully able to purchase and consume edible and drinkable products containing THC.
September | Nevada: The Nevada Supreme Court has dismissed a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug test.
September | National: A new test that measures THC in breath should help determine impairment and recent use.
September | California: A new law makes it unlawful to discriminate against a person in hiring, termination or any term or condition of employment based on off-duty use of cannabis.
September | Mississippi: Several protections are offered for employers under the Mississippi Medical Cannabis Act.
September | Rhode Island: Cannabis has been legalized for recreational use under the Rhode Island Cannabis Act, but employers still have the right to maintain a drug-free workplace policy.
October | National: A new bill aims to “legalize and regulate the non-medical use of cannabis” and provide employment protection for such use.
October | National: While employers are not permitted to discriminate against employees or potential employees for cannabis use, they are responsible for maintaining a safe workplace.
October | California: Assembly Bill 2188 offers protections from discrimination for the use of cannabis, changing the way employers implement drug testing policies across the country.
October | Washington, D.C.: The Marijuana Employment Protections Amendment Act of 2022 prohibits employers from adversely affecting the employment of marijuana users.
October | Nevada: A recent court ruling demonstrates that the state’s “lawful off-duty conduct” statute does not protect employee’s off-duty recreational marijuana use.
November | National: President Biden is working toward decriminalizing marijuana and the trend is continuing at the state level.
November | Florida: The EEOC has sued a Florida senior living residence for revoking an applicant’s job offer after testing positive for marijuana due to her legal prescription.
November | California: Assembly Bill 2188 will make it unlawful for an employer to discriminate against a person for their off-duty use of cannabis.
November | Maryland: Adults in Maryland will legally be permitted to use cannabis recreationally on July 1, 2023.