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Showing 5 posts in Medical Marijuana.

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

On Monday, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her status as a medical marijuana patient. More ›

Rhode Island Superior Court Decision Holds that Employers Cannot Refuse to Hire Medical Marijuana Cardholders

The Rhode Island Superior Court recently issued a decision in Callaghan v. Darlington Fabrics Corp. holding that defendant employer violated Rhode Island's Hawkins-Slater Medical Marijuana Act ("the Act") by refusing to hire a prospective employee who was a medical marijuana cardholder. The ruling is a first in Rhode Island, and a departure from other states' decisions, such as New Mexico and Colorado, that have found in favor of the employer. More ›

May Employers Weed Out Medical Marijuana Patients Through Drug Testing? Massachusetts Supreme Judicial Court Will Weigh In

The ever-changing landscape of medical marijuana laws in states across the nation has given rise to several lawsuits regarding an employer’s right to enforce anti-drug policies against employees who hold valid state-issued medical marijuana licenses. As the Employment Law Observer has previously reported, the Colorado Supreme Court and a federal district court in New Mexico previously held that these states’ medical marijuana laws do not impose any duty on employers to accommodate medical marijuana use. The Massachusetts Supreme Judicial Court is set to weigh in on the issue next. More ›

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to enforce its anti-drug policies. Last week, a New Mexico District Court decision added to the recent list of decisions to tackle this issue and, in doing so, came down on the side of the employer. More ›

Dazed but Slightly less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge

If you are in one of the 23 (and counting) states, which permits the medically authorized use of marijuana, you need to take note of a Colorado Supreme Court decision issued yesterday. The decision itself is based on the specific language of the Colorado medical marijuana statute, but the decision may nonetheless be an important guide for employers nationwide wrestling with how to enforce drug and drug testing policies in states where the use of marijuana has been legalized. More ›