Medical Marijuana and the Paycheck

Workplace Wars continues in New Jersey, where Senate Bill S3452 would protect registered medical cannabis patients from metabolite only drug test punishment. The proposal shifts the burden to employers, requiring proof by a preponderance of the evidence that lawful medical use caused on duty impairment, backed by specific articulable symptoms. It also keeps the written notice and three day explanation or retest process.

New California Legislation Shields Workers from Discrimination for Off-Duty Cannabis Use

California's amendment to the Fair Employment and Housing Act, AB 2188, signed by Governor Gavin Newsom will provide unprecedented protections to employees using cannabis outside work hours from January 1, 2024. The law prohibits employers from discriminating against applicants based on past cannabis use and making inquiries about it. However, it maintains strict rules against workplace use and does not extend to certain jobs, like those requiring Department of Defense clearance.

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