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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Drugs in the Workplace (3)

Wednesday
Jul262017

Maine Department of Labor Directly Clarifies Its Position on Drug Testing & Marijuana

Based off of information received in a Portland Press Herald article, we previously noted that the Maine Department of Labor Director of Policy, Operations and Communications, Julie Rabinowitz, reported to the legislature’s Marijuana Legalization Implementation Committee that businesses with Maine-state drug testing policies should not test job applicants and workers for marijuana, because even if the tests came back positive, employers cannot fire the individual.  The Maine Department of Labor issued a press release shortly after the article was posted (and after our initial blog post) noting that this interpretation would only be relevant if the legislature does not change the current language of the statute prior to February 2018 when the law takes affect—at this time, however, employers may permissibly refuse to hire an applicant who tests positive for marijuana. 

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Tuesday
Jan122016

Tractor Supply Co. Plowing New Terrain in Medical Marijuana Law

Last week, the United States District Court for the District of New Mexico issued a memorandum and order granting Tractor Supply Company’s Motion to Dismiss in Garcia v. Tractor Supply Co. The Plaintiff, Rojerio Garcia, suffers from HIV/AIDS and was using medical marijuana under the Lynn and Erin Compassionate Use Act (“CUA”), N.M. Stat. Ann. § 26-2B-1, to help to treat his condition. Mr. Garcia applied for and was hired for a position as Team Lead and took a drug test, which tested positive for cannabis metabolites. As a result, Mr. Garcia was discharged from his position. Mr. Garcia brought suit alleging his termination violated New Mexico’s Human Rights statute and that the CUA requires Tractor Supply Co. to accommodate his medical marijuana use.

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Monday
Dec212015

Holi-daze: SHRM's Legal Marijuana Survey

Dear reader, the powers that be at Blog HQ have decreed that all posts between now and next Friday adhere to a holiday theme. So while you’re celebrating with seasonally appropriate herbs, consider the results of the survey from the Society for Human Resource Management concerning employer drug policies in states that have legalized medical and/or recreational use of marijuana.

Some of the numbers from SHRM’s study, available here:

  • 82% of respondents in states allowing recreational and medical use have zero tolerance for use while working, regardless of the reason. 11% made exceptions for medical use (with potentially applicable restrictions);
  • 29% percent of respondents in jurisdictions allowing recreational and medical use said they had modified their substance use policy since legalization. While that may not be too surprising, 37% of all respondents indicated that their policies are now actually more restrictive in terms of imposing discipline for marijuana use;
  • 44% of all respondents said that their companies do not hire recreational marijuana users.