This blog typically focuses on legal issues and developments affecting stakeholders operating within the cannabis industry. However, the legal dichotomy surrounding cannabis (i.e. federal law defines”marijuana” as an illegal controlled substance, but more than 30 states have legalized medical marijuana and about a dozen jurisdictions have legalized marijuana for recreational or “adult use”) also presents challenges for other industries and business. Some of the most common and difficult of these challenges are those faced by businesses seeking to craft employment policies that comply with state and federal laws surrounding the workplace, employee drug testing, and employee marijuana use.

With its newly published  “National Survey on Marijuana in the Workplace and Drug Testing Laws,” attorneys from Fox Rothschild’s Labor & Employment and Cannabis Law practices have created a state-by-state guide to help businesses navigate these complex and sometimes thorny issues. This survey was prepared and will be maintained by attorney Joseph A. McNelis III.

Fox’s “Marijuana in the Workplace” national survey is a quick reference resource to the relevant laws and regulations governing how workplaces should respond to the growing trend of legalizing marijuana for medical and recreational use in jurisdictions throughout the United States. In particular, the survey provides links to laws and regulations governing medical marijuana, recreational marijuana, and occupational drug testing laws in each state where marijuana has been legalized, as well as summaries of important court rulings interpreting these rules.

Understanding that the state of cannabis law is by no means static, the survey will be regularly updated as new laws are passed and opinions are handed down across the county.

Click here to check out the Survey:

Click here to learn more about the Survey.


Joseph McNelis focuses his practice on employment and litigation matters. He regularly counsels clients on maintaining compliance with state and federal employment laws, and handles litigation matters in the Pennsylvania state courts and in federal courts throughout Pennsylvania, New Jersey, and the Midwest. Joe frequently writes and speaks about developments in the cannabis sector, and tracks legal issues in this highly regulated industry in Pennsylvania and nationwide. Joe can be contacted at 610-397-2332 or jmcnelis@foxrothschild.com.