Tag Archives: medical marijuana

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim of handicap discrimination against her former employer. With the ruling, Massachusetts has become the first state to afford such job protections to workers who lawfully use medical marijuana. Moreover, the ruling essentially precludes Massachusetts employers from adopting blanket drug-free workplace policies.… More

Summary of The Regulation and Taxation of Marijuana Act

On November 8, 2016, Massachusetts voters passed Initiative Petition 15-37, The Regulation and Taxation of Marijuana Act.  The Act: legalizes the possession of one (1) ounce or fewer of marijuana for people age twenty-one (21) and older and the personal possession of ten (10) ounces and not more than twelve (12) plants cultivated in a person’s primary residence for personal use; establishes a Cannabis Control Commission with the authority to license,… More

Has Pre-Employment Testing for Marijuana Use Gone Up in Smoke in Massachusetts?

Since Massachusetts voters overwhelmingly approved a ballot measure legalizing medical marijuana, employers have wondered whether the new law would force them to change their drug testing practices. Currently, Massachusetts employers are allowed to conduct post-offer pre-employment drug tests on job applicants and lawfully refuse employment to those who test positive for marijuana use. But, if marijuana is now legal for medical purposes, can employers lawfully discriminate against employees who smoke marijuana to treat medical conditions?… More