Tag: Medical Marijuana

Massachusetts ruling opens door to discrimination suits over medical marijuana

by Erica E. Flores A new ruling from the Massachusetts Supreme Judicial Court should be a warning to employers in the state that refuse to tolerate medical marijuana use by employees with a disability. On July 17, the state high court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee who was […]

Print
Marijuana

Think your drug policy is sound? Better factor in changing marijuana laws

Not so many years ago employers emphasized the importance of drug-free workplace policies—policies that often included zero-tolerance provisions. But as marijuana laws have undergone significant change in recent years, it’s time to give a second look to policies that may not have been updated in years.  Peter Lowe, an attorney with Brann & Isaacson in […]

Print

Taking the high road: Marijuana at work could trigger obligations to question

by Cory Sully While access to medical marijuana has increased in Canada over the last few years, the consumption of medical marijuana has arguably become less taboo with the new Trudeau government’s pledge to eventually legalize and regulate this substance. In the summer of 2016, the government made the Access to Cannabis for Medical Purposes […]

Print

Legal haze: accommodating employees who use medical marijuana

by Kyla Stott-Jess One of the hot topics discussed during the recent Canadian federal election was the possible legalization of marijuana. The Liberal Party, which won the election, took a position in favor of legalization as part of its platform. As the country waits to see whether the new government will put forward legislation to […]

Print
marijuana

Drug tests, marijuana use, and the EEOC

by Burton J. Fishman Employers are beginning to comprehend how the widespread availability of medical marijuana will affect the workplace. Newly garbed with medical justification, more workers are claiming a “right” to use marijuana at work. Employers, confronted with a note from the ever-more- aptly-named “Dr. Feelgood” authorizing employees’ use of the drug, are often […]

Print

Minnesota employers need to be ready for medical marijuana by July 1

by Laurie Jirak Distribution of medical marijuana in Minnesota is set to begin July 1, so employers need to understand their rights and responsibilities under the state’s new medical marijuana law. Confusion may arise because employers are subject to both federal and state laws that may impose different standards or requirements on workplace medical marijuana […]

Print

Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

Print

Oh [no], Canada!

Unless you’ve been under a rock for the past couple of weeks, you’ve probably heard about Toronto’s crack-smoking mayor, Rob Ford. No, I don’t mean that term in the figurative sense or as a commentary on some outlandish political policy he has chosen to pursue. I mean it quite literally, as Rob Ford admitted in […]

Print

Federal government eases stance on state marijuana laws

The U.S. Department of Justice (DOJ) announcement updating the federal marijuana enforcement policy means the federal government won’t sue to keep states from allowing controlled recreational use of marijuana, but the effect on employers isn’t yet clear. The DOJ announced on August 29 that it was revising its policy because of state legislation in Colorado […]

Print

Ruling supports firing pot smokers despite Colorado law

The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was […]

Print