Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review 

January | National: Marijuana laws continue to pop up all across the country, with laws addressing recreational legalization and others regarding employee rights. 


Supreme Court of New Hampshire Weighs in on Reasonable Accommodations for Medical Marijuana Users 

January | New Hampshire: Employers in New Hampshire should consider medical marijuana use as a reasonable accommodation, according to a recent court case. 


What’s New with Cannabis Compliance in Wisconsin? The Legal, The Illegal, and the Gray Area for Wisconsin Employers 

February | Wisconsin: The legal status of various marijuana products in Wisconsin have presented legal concerns for employers. 


Pre-Employment Cannabis Testing: Is It Still Worth It? 

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. 


Mississippi Enacts Medical Marijuana Law 

February | Mississippi: The Mississippi Medical Cannabis Act has been enacted in the state, legalizing medical cannabis. 


Philadelphia and Montana Join List of Jurisdictions That Provide Protections for Recreational Marijuana Use 

February | Philadelphia and Montana: Philadelphia and Montana now will offer protections for recreational marijuana, in addition to medical use. 


Supreme Court of New Hampshire Weighs in on Reasonable Accommodations for Medical Marijuana Users 

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.  


Change in the Wind: Time for Employers to Review Their 2022 Workplace Drug Testing Policies

February | National: Employers across the country are reviewing their drug screening policies and some have dropped marijuana screening altogether, unless regulated by the DOT. 


Weed in the Workplace – Marijuana Roundup

February | National: Marijuana laws across the country vary greatly, with some offering protections to employers and others taking a more employee-friendly approach. 


10 Years of Cannabis Reform: Where Do We Go Next? 

March | Colorado: Employers, employees and communities continue to be baffled by how to respond to marijuana laws pertaining to recreational use. 


Marijuana in the Workplace: Uncertainty and Risks for Employers 

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. 


St. Louis: City Officials Move to End Marijuana Screening for Most Public Employees 

March | Missouri: The suspension of marijuana specific pre-employment and random drug screenings for public employees in non-safety sensitive positions has been approved. 


Use of Opioid Medications by Applicant for Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment 

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. 


What’s New With Cannabis Compliance in Wisconsin? The Legal, the Illegal, and the Gray Area for Wisconsin Employers 

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. 


Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil 

April | Indiana: A federal court in Indiana ruled that no federal legal protection exists for the employee’s use of CBD oil.  


Marijuana Laws and the 2022 Workplace 

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. 


To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices 

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. 


Federal Court Dismisses Disability Discrimination Suit Based on Employee’s CBD Use 

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. 


CBD Oil Discrimination Case Highlights Challenges Employers Face with Drug Tests for Marijuana 

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. 


Yes, CBD Registers on a Drug Screen as THC and Yes, You Can Be Terminated for It   

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. 


Marijuana Legalization Linked to Decreased Use of Alcohol, Nicotine and Opioids, New Study Finds 

May | National: The increasing marijuana laws are believed to be linked to a decrease in alcohol, nicotine and non-prescription opioid use. 


Rhode Island Legalizes Recreational Marijuana and Protects Off-Duty Use 

May | Rhode Island: A bill has been signed that legalizes recreational marijuana for those 21 and older. 


Americans Overwhelmingly Say Marijuana Should Be Legal for Recreational or Medical Use 

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%). 


Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing 

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. 


Employer Drug-Testing Rules Clipped by Rhode Island Marijuana Legalization 

June | Rhode Island: Recreational cannabis has been legalized in Rhode Island, extending employment protections to employees who use it during non-working hours. 


A Month into Recreational Cannabis Sales, NJ Employers Still Lack Guidance on Drugfree Workplace Enforcement 

June| New Jersey: Recreational cannabis sales began in New Jersey, but employers are awaiting the final rules of the NJ Cannabis Regulation Commission (CRC). 


Overhauling Cannabis Workplace Drug Testing: The Shift to Fitness-for-Duty and Post-Hire Testing 

June | National: Employers must find ways to determine impairment due to cannabis use, rather than rely on positive drug tests. 


One Step Closer: N.C. Senate Passes Medical Cannabis Legislation 

June | North Carolina: North Carolina could soon make it legal to purchase cannabis and cannabis-infused products with a prescription at state-regulated dispensaries. 


Minnesota Legalizes the Consumption of THC Edibles – How Can Multistate Employers React to This Growing National Trend? 

July | National: A new law was signed in Minnesota that allows for the sale and consumption of “edible cannabinoid” products. 


New Washington, D.C., Policy Lets Adults ‘Self-Certify’ for Medical Cannabis 

July | Washington, D.C.: Adults 21 and older can now self-certify their eligibility to use medicinal pot in Washington, D.C. 


Some THC Products are Now Legal in Minnesota. Here’s What You Need to Know 

July | Minnesota: Minnesotans 21 and older are now permitted to buy certain edibles and beverages containing small amounts of THC. 


D.C. Council Approves the Cannabis Employment Protections Amendment Act of 2022 

July | Washington, D.C.: Employers will soon be prohibited from testing applicants and employees for cannabis use as a condition of employment.  


Boozing Less, Gen Z Prefers Weed and Shrooms 

July | National: Several studies show that Gen Z prefers marijuana over alcohol. 


Cannabis Testing Can Be Complex, Inaccurate 

July | National: It is more difficult to test for cannabis impairment than other substances, according to research from RTI International. 


Does the Military Need to Modernize its Drug Testing? 

July | National: The United States Navy could add regulations regarding the use of cannabis for its members. 


Risk Managers Await Guidance on Cannabis 

July | National: Risk management professionals are facing complex issues regarding cannabis and have very little guidance on how to respond to employee use.  


Decriminalization of Marijuana Possession 

August | National: Twenty-seven states have passed laws either fully or partially decriminalizing certain marijuana possession offenses. 


District of Columbia Provides Employment Protections to Cannabis Users 

August | Washington, D.C.: A new law has been signed that prohibits most employers from taking adverse action for off-duty cannabis use. 


Minnesota Legalizes The Consumption of THC Edibles – How Can Multistate Employers React to This Growing National Trend? 

August | Minnesota: A new law provides clarity regarding hemp-derived consumables stemming from the Agriculture Improvement Acct of 2018. 


Smoke Weed and Keep Your Job? Yes. You Can-nabis (Maybe) 

August | Washington, D.C.: The Cannabis Employment Protections Amendment Act 2022 extends protections to residents who use marijuana medically and recreationally. 


Could Recreational Marijuana Use Jeopardize a Nevada Employee’s Job? 

September | Nevada: In a recent case, the Nevada Supreme Court analyzed whether an employer could discharge an employee for recreational marijuana use. 


District of Columbia Provides Employment Protections to Cannabis Users 

September | Washington, D.C.: A new bill will prohibit most employers from taking adverse action for off-duty cannabis use. 


California Enacts Law Prohibiting Employment Discrimination Based on Off-Duty Marijuana Use, Effective 2024 

September | California: Several new measures have been signed into law relating to marijuana, including some related to discrimination based on off-duty use. 


Cannabis Can Dos and Cannot: Employers and Mississippi’s Medical Marijuana Law 

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. 


New Jersey Cannabis Regulatory Commission Issues Guidance on ‘Workplace Impairment’ Determinations 

September | New Jersey: The Commission has released interim Guidance to assist employers with making “workplace impairment” determinations under the CREAMMA. 


Marijuana Users Scoring New Employment Protections  

September | National: Marijuana may still be illegal at the federal level, but many states are working toward providing protections for workers who use cannabis.  


The Importance of Workplace Drug Testing 

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. 


Minnesota Legalizes THC Products, Germinates New Drug-Free Workplace Issues 

September | Minnesota: Adults in Minnesota are now lawfully able to purchase and consume edible and drinkable products containing THC. 


Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use 

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. 


Don’t Let the Term Breathalyzer Fool You 

September | National: A new test that measures THC in breath should help determine impairment and recent use. 


High Times Ahead for Employers in California 

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. 


Protections for Employers Under the New Mississippi Medical Cannabis Act  

September | Mississippi: Several protections are offered for employers under the Mississippi Medical Cannabis Act. 


Rhode Island Legalizes Cannabis for Recreational Use 

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. 


California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

October | National: A new bill aims to “legalize and regulate the non-medical use of cannabis” and provide employment protection for such use. 


Don’t Let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your Company 

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. 


Living the High Life: Separation of Work and Home?  

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. 


Marijuana Users Offered Broad Job Protections in DC 

October | Washington, D.C.: The Marijuana Employment Protections Amendment Act of 2022 prohibits employers from adversely affecting the employment of marijuana users. 


Nevada High Court Rules Recreational Marijuana is Not Lawful “Off-Duty Conduct” 

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. 


Voters Approve Recreational Marijuana in Maryland, Missouri 

November | National: President Biden is working toward decriminalizing marijuana and the trend is continuing at the state level. 


Ignoring a Failed Drug Test as a “Reasonable Accommodation?” 

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. 


New Recreational Cannabis Use Protections for Employers Under FEHA  

November | California: Assembly Bill 2188 will make it unlawful for an employer to discriminate against a person for their off-duty use of cannabis.  


Recreational Marijuana in Maryland? What Employers Need to Know 

November | Maryland: Adults in Maryland will legally be permitted to use cannabis recreationally on July 1, 2023.