Articles Posted in Drug Testing

Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side employment lawyer, I’ll admit that my initial reaction was that she broke the rules and deserved the discipline associated with the infraction.

Then, I thought to myself, that is a really dumb rule. Continue reading

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Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)

It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock.

Better dust off the cannabis scales of justice for this one.

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As more states and localities legalize or decriminalize the use of recreational marijuana, the next logical step is to preclude employers from testing for marijuana use as a condition of employment.

Why? It comes does to dollars and cents. Or, perhaps, common sense. Continue reading

Smoking a weed joint

elsaolofsson, CC BY 2.0, via Wikimedia Commons

No, today isn’t “Bring Your Bong To Work” Day. That’s tomorrow.

But the U.S. Office of Personnel Management (OPM) is finally conceding in this memo that marijuana use may not be a concern when considering the suitability or fitness of an individual working in the federal government. Continue reading

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Image by Erin Stone from Pixabay

In a landslide victory on election day — ok, a touch of politics — New Jersey voters overwhelmingly supported legalizing recreational marijuana. But where and when can you get it? (Asking for a friend).

And what does legalized recreational marijuana mean for local employers? Continue reading

Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of the job.

But, what about using cannabidiol (CBD) instead — like with a teensy bit of THC that’s not enough to get anyone high? Continue reading

“Doing What’s Right – Not Just What’s Legal”
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