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Legal Focus

 
04Nov

Evolving State Marijuana Laws and Safety-Sensitive Functions

11/4/2020| Reference Number : 259.97.1| Legal, Human Resources, Insurance/Risk Management, Legislative/Regulatory | | Return|

Initiatives decided on November 3, 2020 by Arizona, New Jersey, Montana, South Dakota and Mississippi broadened state marijuana laws. There are now has 36 states and 4 territories with state laws permitting the medicinal and/or recreational use of marijuana. While federal law still prohibits marijuana and would normally control employment actions arising from marijuana, some recent federal courts have allowed state employment discrimination cases arising from drug test related employment terminations to move forward. So, how do school bus contractors navigate this minefield? Discussion and guidance follows.

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