Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for all driver-applicants in the FMCSA Clearinghouse. Specifically, employers
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Voters in Two States Approve Marijuana Ballot Initiatives on Election Day 2022
Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota.
Maryland
Maryland voters approved a state constitutional amendment that will allow…
Puerto Rico Disability Discrimination Law Now Protects Medical Cannabis Users
Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on October 14,…
California Enacts Law Prohibiting Employment Discrimination Based On Off-Duty Marijuana Use, Effective 2024
Governor Gavin Newsome signed into law September 19, 2022 several measures relating to marijuana, including one that prohibits employment discrimination based on off-duty use of marijuana. The law takes effect on January 1, 2024.
The law will prohibit an employer…
NJ Cannabis Regulatory Commission Publishes Guidance For Employers To Address Marijuana Impairment
The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification standards for Workplace Impairment Recognition Experts.
In February 2021, the…
DOT Proposes New Guidance For Medical Examiners To Address CBD Use By Commercial Motor Vehicle Drivers
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022. The FMCSA’s regulations provide the basic…
How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status
Please click here to visit our Immigration Blog to read: “How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status.”
Should Employers Continue To Drug Test For Marijuana?
Due to the proliferation of state and local laws legalizing marijuana and protecting off-duty use, employers are struggling with whether it makes sense to continue to drug test for marijuana. Earlier this month I was privileged to record a podcast…
Nevada Court Rejects Claim That Off-Duty Marijuana Use Is “Lawful” Because It Still Is Illegal Under Federal Law
The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of marijuana outside of…