Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

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Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022

May 6, 2021

The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022. The new Chapter 9-4700 of the Philadelphia Code states that except as otherwise provided by law, or as provided in the exceptions (listed below) that it is unlawful for an employer, labor organization, employment agency or agent thereof to require a prospective employee to submit to marijuana testing as a condition…

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California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

By Stacey J. Lococo

May 5, 2021

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was disabled. More specifically, the court concluded that the applicant’s “subjective belief” that he suffered from “chronic back pain” was insufficient to establish that he was disabled for purposes of the California Fair Employment and Housing Act (“FEHA”) where he failed…

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Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

By Kathryn J. Russo

April 21, 2021

The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13, 2021). Hager suffered a back injury in a work-related accident in 2001. He underwent surgeries and used opioid medications for chronic pain. In 2016, Hager enrolled in New Jersey’s medical marijuana program and began using medical marijuana both for pain…

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New Marijuana Laws in New Mexico and Virginia

By Catherine A. Cano

April 13, 2021

2021 has brought a flurry of activity surrounding marijuana laws, particularly recreational marijuana use. The number of states approving recreational marijuana continues to grow. New Mexico On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed the state’s recreational marijuana bill. The New Mexico recreational marijuana law will take effect in late June 2021. Unlike the recent marijuana laws enacted in New York and New Jersey that provide employment protections for off-duty recreational marijuana…

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New York Legalizes Recreational Marijuana

By Kathryn J. Russo & Richard I. Greenberg

April 1, 2021

New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin until mid-2022. This change potentially immediately impacts a New York employer’s ability to take adverse actions against applicants and employees based on recreational marijuana usage. The Marihuana Regulation and Taxation Act (MRTA) legalizes and regulates cannabis use and possession for adults who…

Drug and Alcohol Testing Law Advisor

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

By Stacey J. Lococo

March 29, 2021

The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury, No. 3:19-cv-1614, 2021 U.S. Dist. LEXIS 52835 (D. Conn. Mar. 22, 2021). The employee was employed as a firefighter by the City. His employment was terminated after he tested positive for marijuana on a random drug test. The employee argued that his test result should…

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Missouri Employer Had Just Cause To Terminate Union Employee Who Tested Positive For Marijuana, Despite Lack of Workplace Impairment

By Catherine A. Cano

March 1, 2021

A Missouri-based manufacturer of animal pharmaceuticals had just cause to terminate a 37-year employee who tested positive for marijuana despite the union’s argument that the employee’s personal use of CBD oil and marijuana did not cause impairment at work. Virbac Corporation and International Brotherhood of Electrical Workers, Local 1, (January 10, 2020) (Horn, Arb.) The employer required the employee, a maintenance electrician and member of the company’s safety committee, to submit to a drug test…

Drug and Alcohol Testing Law Advisor

How New Jersey’s Recreational Marijuana Law Significantly Affects Workplace Drug Testing

By Kathryn J. Russo

February 24, 2021

New Jersey Governor Phil Murphy signed into law three marijuana reform bills on February 22, 2021. The first, New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (A21), legalizes and regulates cannabis use and possession for adults who are 21 and older. Two other laws decriminalize marijuana and hashish possession (A1897) and clarify marijuana and cannabis use and possession penalties for individuals younger than 21 years old (S3454). Recreational Marijuana Law and Impact on…

Drug and Alcohol Testing Law Advisor

DOT Random Drug and Alcohol Testing Rates for 2021

By Kathryn J. Russo

February 8, 2021

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2021. The random test rates did not change for 2021. Agency 2021 Random Drug Testing Rate 2021 Random Alcohol Testing Rate Federal Aviation Administration 25% 10% Federal Motor Carrier Administration 50% 10% Federal Railway Administration 25% covered service 10% covered service Federal Railway Administration 50% maintenance-of-way 25% maintenance-of-way Federal Transit Administration 50% 10% Pipeline…

Drug and Alcohol Testing Law Advisor

Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims

By Catherine A. Cano

January 18, 2021

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). The employer terminated the employee’s employment after she tested positive for marijuana on a return-to-duty drug test. The employee’s medical marijuana card was expired at the time she tested positive. However, she subsequently…

Drug and Alcohol Testing Law Advisor

Developments in Regulating Workplace Drug and Alcohol Testing

Blog Authors

Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

New Marijuana Laws in New Mexico and Virginia

New York Legalizes Recreational Marijuana

Connecticut Medical Marijuana User Could Not Proceed With ADA Claims

Missouri Employer Had Just Cause To Terminate Union Employee Who Tested Positive For Marijuana, Despite Lack of Workplace Impairment

How New Jersey’s Recreational Marijuana Law Significantly Affects Workplace Drug Testing

DOT Random Drug and Alcohol Testing Rates for 2021

Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims

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