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Minnesota and Iowa have updated their employer drug testing laws. Minnesota now permits oral fluid testing for drugs,including cannabis, under its Drug and Alcohol Testing in the Workplace Act. Employers must comply with statutoryrules, such as providing test results…
Recent studies indicate that oral fluid tests can detect recent cannabis use, but they may not accurately reflectimpairment levels. THC concentrations in saliva can remain elevated for extended periods, even after the effects havesubsided, leading to potential false…
Courts are increasingly ruling that positive THC test results alone can’t prove on-the-job impairment. Employers relyingsolely on chemical tests face legal risk and costly verdicts. Legal protections in many states prohibit discipline basedonly on off-duty cannabis…
A U.S. District Court in Minnesota ruled that federal drug testing regulations preempt the state’s Drug and AlcoholTesting in the Workplace Act (DATWA) for safety-sensitive positions. The case involved an employee who wasterminated after failing a random drug…
Members of the Mississippi Band of Choctaw Indians have approved a referendum supporting the legalization ofmarijuana on tribal lands. The measure, known as Referendum 2025-01, passed with 55 percent of the vote, accordingto unofficial results. The tribe, the only…
On April 17, 2025, Congressman Dave Joyce (OH-14) and House Democratic Leader Hakeem Jeffries (NY-08)reintroduced the bipartisan Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment(PREPARE) Act. This legislation aims to establish a…
On April 11, 2025, U.S. District Judge Robert J. Colville reinstated a disability discrimination claim under thePennsylvania Human Relations Act (PHRA) after a job applicant alleged his offer was rescinded following a preemployment drug screen. The applicant,…
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…
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 The applicant, Brian Davis, alleged the company rescinded his…
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…