Posts

Delaware: Federal Law Does Not Preempt Employee Protections under Delaware’s Medical Marijuana Law

APPLIES TO

All Employers with DE Employees

EFFECTIVE

December 17, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Chance v. Kraft Heinz Foods Company, a Delaware Superior Court judge recently stated that the federal Controlled Substances Act (CSA) does not preempt employee protections under the state’s medical marijuana law (DMMA). Specifically, it relied on Connecticut and Rhode Island cases that distinguish the CSA as merely making marijuana usage illegal, but not prohibiting the employment of marijuana users.

Read more

Connecticut: Federal Law Does Not Preempt Medical Marijuana Protections for Employees under State Law

APPLIES TO

All Employers with CT Employees

EFFECTIVE

August 8, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Noffsinger v. SSC Niantic Operating Company LLC, a Connecticut federal district court stated that federal law concerning unlawful marijuana use does not necessarily preempt state-level protections for marijuana users.  In this case, Connecticut’s Palliative Use of Marijuana Act (“PUMA”) was found to preempt a handful of federal statutes when applied to the employment context.  This decision could have a major impact on employers who currently implement a zero-tolerance substance abuse policy in the workplace.