On April 2, 2025, the U.S. Supreme Court ruled that a truck driver who lost his job after testing positive for marijuana can pursue RICO claims for lost wages against sellers of a fraudulently marketed pain relief product. The Court found that damages to…
Posts by Category: Pre-employment Drug Testing
Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law
A Pennsylvania federal court ruled that medical marijuana use does not qualify as a disability under the Pennsylvania Human Relations Act (PHRA), dismissing a job applicant’s discrimination claim. The applicant, Brian Davis, alleged the company rescinded his…
Magic Mushroom Therapy Legalized in Third State
New Mexico has become the third state to legalize psilocybin for therapeutic use, following Oregon and Colorado. Governor Michelle Lujan Grisham signed SB219, the Medical Psilocybin Act, into law, allowing psilocybin treatment for mental health conditions like PTSD…
Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work
In a Maryland case, a federal court ruled that the ADA does not protect employees who use medically prescribed marijuana during work hours, since marijuana remains a federally illegal substance. The court upheld the employer’s right to terminate the employee, despite…
Navigating Drug Testing Laws in Each State
As drug legalization gains traction across the U.S., drug testing laws vary by state. Only five states have strong workplace drug testing legislation, and 11 states lack any laws on the matter. Since 2012, 19 states, plus Washington, D.C., have legalized recreational…
Prince George’s: New Bill Could Change Public Safety Drug Test Requirements
A new bill introduced in Prince George’s County aims to prevent public safety departments from automatically disqualifying candidates who test positive for cannabis during the application process. The bill, introduced by Councilmember Krystal Oriadha, seeks to address…
Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work
A U.S. District Court in Maryland ruled that employers are not required to allow employees to use medically prescribed marijuana at work, even under the Americans with Disabilities Act (ADA). While the court acknowledged that employees cannot be discriminated against…
US Workers Are Failing Drug Tests at an Incredible Rate – But Legal Weed Has the Future of These Screenings in Doubt
Although experts are predicting drug testing won’t entirely disappear due to the increased legalization of marijuana, they have said that the scope and type of testing should change. A recent report by Quest Diagnostics revealed that the number of United States…
Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights
As part of the full legalization of recreational marijuana, House Bill 0902 creates the Cannabis Legalization Equity Act, which provides details on the possession, consumption, use, display, purchasing, transportation and growth of cannabis, both on one’s own premises…
Say What? The Employee Who Failed His Post-Accident Drug Test Gets Workers’ Comp.?
Employers might assume that an injured worker’s positive post-accident drug or alcohol test will automatically defeat a related workers’ compensation claim. However, in Ohio at least, the reality is a bit more complicated. Under Ohio law, a positive, post-accident…