Over its regular and two special sessions, the Texas legislature has passed several bills that are or soon will be in effect and will impact employers’ workplace policies and procedures. Additional special legislative sessions yet may be held and, with them, more changes may be on the horizon. Read more about these developments.
medical marijuana
Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021). Read more about this decision and considerations for employers here.
National Safety Council States That “No Level of Cannabis Use Is Safe Or Acceptable” For Safety-Sensitive Positions
The National Safety Council, a nonprofit organization whose stated mission is to eliminate preventable deaths at work, in homes and communities through leadership, research, education and advocacy, published a Position/Policy Statement on October 21, 2019 addressing cannabis (marijuana) impairment in safety-sensitive positions. NSC stated that “it is clear that cannabis impacts psychomotor skills and cognitive…
Medical Marijuana Musings
Medical marijuana is in the news for a variety of reasons.
On the legal front, the primary issue is that the federal government classifies marijuana as a controlled substance while 20 states have passed laws allowing its use for medical reasons. President Obama’s spokesperson said recently that the President “does not, at this point, advocate a change…
Lawful Use of Medical Marijuana Not a “Lawful Activity” in Colorado
A Colorado law prohibits employers from terminating an employee for “engaging in any lawful activity of the premises of the employer during nonworking hours…” Another Colorado law allows individuals to obtain a license to use medical marijuana.
The Colorado Court of Appeals has held that licensed medical marijuana use is not a “lawful activity” under…
Working Through the Workplace Haze from Connecticut’s New Medical Marijuana Law
Under a new Connecticut law, a “qualifying patient” with a “debilitating medical condition” may obtain a supply of marijuana from a licensed dispensary to alleviate symptoms or effects of such symptoms. The statute lists eleven “debilitating medical conditions” and gives the Department of Consumer Protection the ability to add others.
The act also gives guidance to address the…