Jennifer Mora

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On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment drug test. The decision, Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Nursing & Rehab. Ctr., should serve as a reminder to employers operating in states with medical marijuana laws to evaluate their policies and practices concerning employee use…
Going in to this election, the possession and use of medical marijuana was illegal in Oklahoma. However, arguments against cannabis legalization have now gone up in smoke. The Oklahoma voters have spoken by enacting State Question (SQ) 788, which now makes it legal to grow, sell, and use marijuana for medicinal purposes. Under the law, adults with a medical marijuana license would be authorized to, among other things, possess up to three ounces of…
Amidst a public disagreement between President Trump and Attorney General Jeff Sessions regarding the conflict between federal and state marijuana laws, Sen. Elizabeth Warren (D-MA) and Sen. Cory Gardner (R-CO), announced introduction of a bipartisan bill to protect states with pot-friendly laws against federal prosecution. The bill, introduced on June 7, 2018 and called the “Strengthening the Tenth Amendment Through Entrusting States Act” or the “STATES Act”  proposes to protect state cannabis industries from the…
On June 14, 2018, the Vermont Attorney General released its “Guide to Vermont’s Laws on Marijuana in the Workplace,” which can be found here. The Guide is aimed at assisting Vermont employers in navigating the state’s new recreational marijuana law, although it also addresses the state’s medical marijuana law, disability discrimination law, and drug testing law.…
California’s AB 2069, a bill to require employers to accommodate medical cannabis users, recently failed to advance past committee. We previously reported that the California legislature was considering AB 2069, the “Medical Cannabis Worker Protections Act,” a bill to amend the Fair Employment and Housing Act to require most employers to engage in the interactive process with and consider reasonable accommodations for cannabis users. Yet, on May 25, 2018, the bill failed to advance…
On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana,” and joined a handful of other states, including California, to have legalized the recreational use, retail sale and taxation of marijuana. The voter-approved law would have allowed persons 21 years of age or older to use or possess up to 2½ ounces of marijuana, consume marijuana in nonpublic places (including a private residence), and grow, at the person’s residence, up…
As previously reported here, on November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act became the first law of its kind in the nation to protect employees and applicants from adverse employment action based on their use of off-duty and off-site marijuana. Simply stated, the Act prohibits employers from refusing to employ or otherwise…
On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an anti-discrimination in employment provision, which is effective today, February 1, 2018, making it the first law of its kind in the nation because it protects employees and applicants from adverse employment action based on their use of off-duty and off-site marijuana.…
On January 22, 2018, Vermont Governor Phil Scott signed H. 511, allowing adults to possess recreational marijuana, making Vermont the first state in the nation to pass such a law in the legislature rather than at the ballot box. Vermont joins eight other states that have legalized recreational marijuana, as well as Washington D.C.  Nearly 30 states, including Vermont and Washington D.C., also have medical marijuana laws on the books. Polls show that most…