By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012, according to a new analysis released by Quest Diagnostics
Continue Reading Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

By Jennifer L. Mora

Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of what happened in 2021.

Connecticut

On June 22, 2021, Connecticut legalized recreational marijuana use by adults 21 years and older.
Continue Reading Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

By Jennifer L. Mora

Seyfarth Synopsis: Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment.

Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action
Continue Reading Philadelphia’s Restrictions on Pre-Employment Marijuana Tests Become Effective January 1, 2022

By Eric Janson and Adam R. Young

Seyfarth Synopsis: While the votes continue to be tallied in the Presidential election, one thing is certain – it was a BIG night for cannabis in America with five new states approving ballot measures to legalize recreational or medical marijuana. 

With these new laws, nearly 110 million Americans (or over 1/3 of
Continue Reading And the Winner of the 2020 Election Is…Marijuana!

By Jennifer L. Mora, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test that resulted in his
Continue Reading CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

By Tonya M. EspositoRenee B. Appel, and Jonathan Huie

Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally?

As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is getting out of hand. The FDA needs to act.” Since the passage
Continue Reading CBD is Everywhere – But Where Does the FDA Stand?

By Jennifer L. Mora

Seyfarth Synopsis: The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they are approved by the federal Food and Drug Administration (FDA). The move marked the first time the DEA removed any form of cannabis from
Continue Reading The Stoned Age: What the CBD Craze Means for Employers and Their Substance Abuse Policies