A new website by Connecticut on cannabis use was announced by Governor Lamont’s administration over the weekend.   Unfortunately, it contains an error regarding the cannabis use and the workplace; it highlights the mess that has been created by the General Assembly on the cannabis bill.

Here’s one example.

Over the weekend, the website began

Earlier today, I appeared on Dennis House’s Sunday News Show, “This Week in Connecticut” on WTNH, to talk about the state’s new legal cannabis law and its implications for the workplace.

My thanks to Dennis for the invitation to bring this issues to employers and discuss how employers are going to need to adapt

The General Assembly early today gave final approval to a bill that will legalize marijuana/cannabis use in Connecticut.

It is a massive shift and the bill legalizing it is massive too.  (Heck, the summary of the bill is 184 pages!)

The bill creates a whole new set of rules for employers — most of which

As the decade comes to a close, a time traveler from 2009 might be surprised to see how rapidly laws on marijuana have changed.  Last night’s Democratic Debate even featured a heated discussion about legalizing marijuana.

But let’s imagine that this traveler is from Human Resources. The laws regarding medical marijuana are head-spinning; these laws

Today, Massachusetts started retail sales of marijuana at two locations. Perhaps no location is closer to the population centers of Connecticut than Northampton — just 30 miles up the road from Enfield.  It’s the first store east of the Mississippi River.

And lest you think that this is a Massachusetts-only affair, you need

One of the benefits of writing a blog as long as I have is that you get to track the progress of a law or legal development over a number of years.

It was back in 2012, for example, that I first provided a comprehensive summary of a new medical marijuana bill that was

While the relaunch of the blog has been delayed a bit more (I swear it’s coming soon), it’s time to have another post in the interim. My colleague Gary Starr is back with an interesting decision from the state next door — Massachusetts. As some Connecticut employers cross state lines (and marijuana cases continue to

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance.  As a result there is a tension between state rights to use medical marijuana and federal law prohibiting its possession.  The Massachusetts Supreme Judicial Court had an opportunity to determine how to balance the rights of an employee who had been prescribed and was taking medical marijuana for Crohn’s Disease versus the employer’s interest in complying with federal law and maintaining a drug free work place.  The Court found that the employee had sufficiently alleged that she was a qualified individual with a disability who was entitled to a reasonable accommodation related to use of medical marijuana.  As a result, her firing after testing positive could be challenged and she could pursue a disability discrimination claim under state law.

As part of the hiring process, a new employee was required to take a drug test.  She immediately explained to her supervisor that she suffered from Crohn’s disease and she had been prescribed and was using medical marijuana which was improving her appetite and allowing her to stabilize her weight.  She said that she did not take it before work or during working hours, but that if tested, she would test positive.  After being tested and getting a positive result, the human resource administrator called and fired her.  When the employee tried to explain the she had a prescription, the administrator told her that the company follows federal law, not state law.

The employee ultimately sued in state court claiming that she was being discriminated against because of her disability and that the company had failed to accommodate her disability.
Continue Reading Employer’s Defense Goes Up In Smoke

pottYou might think that smoking pot on the job as a state employee would be justifiable grounds to get you fired.

A no-brainer, right?

(Let’s save a discussion for eating brownies and swearing at your cat for another blog post.)

After all, even the Connecticut Supreme Court is stating that the “statutory, regulatory and