Tag: Medical Marijuana

Domestic Service in Minimum Wage Act On April 4, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 85) amending the New Mexico Minimum Wage Act to remove the exception of domestic service from wage protections. The law is effective June 14, 2019. Read NM S.B. 85 Medical Marijuana and Employment Protections On April…

Smoking Marijuana for Medical Use Permitted On March 18, 2019, Florida Governor Ron DeSantis signed legislation (S.B. 182) that redefines medical use of marijuana to include possession, use, or administration of marijuana in the form of smoking. However, the law does not: Permit smoking marijuana in an enclosed indoor workplace. Impair the ability of any party to…

Medical Marijuana Act On March 13, 2019, Oklahoma Governor Kevin Stitt signed legislation (H.B. 2612) creating the Oklahoma Medical Marijuana and Patient Protection Act (MMPPA) and modifying the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. Under the MMPPA, and unless otherwise required by federal law or required to obtain federal funding, employers may…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains what an Arizona federal court decision regarding an employee who tested positive for marijuana means for employers. A positive test may not equate to impairment. Those of us who have spent a…

Medical Marijuana Legalized On November 6, 2018, Utah voters approved the Utah Medical Cannabis Act (Utah Proposal 2) legalizing the medical use of marijuana for individuals with qualifying medical illnesses. Under current Utah law: The state is required, by January 1, 2019, to ensure that cannabis is grown in the state and can be processed…

Question: Is medical marijuana use protected by the Americans with Disabilities Act (ADA)? If so, what accommodations would be considered reasonable? Answer: You are not required to accommodate medical marijuana use under the Americans with Disabilities Act (ADA). Even though medical marijuana is legal in many states, under the federal Controlled Substances Act (CSA), marijuana…

Medicinal Marijuana Legalized On June 26, 2018, Oklahoma voters passed State Question 788 legalizing the licensed cultivation, use, and possession of marijuana for medicinal purposes. According to the law, which will be located at Okla. Stat. tit. 63, § 425: Unless a failure to do so would cause an employer to imminently lose a monetary…