ENACTED LEGISLATION
DELAWARE: Two Bills Regarding Marijuana Regulations Take Effect In Delaware
Summary: Governor John Carney announced that two bills governing the legalization of marijuana would become law without his signature.

House Bill 1 became effective April 23, 2023 and "removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories." Individuals 21 and older may possess, use, display, purchase or transport accessories and personal use quantities (one ounce or less of leaf; equivalent amounts of other product forms) of marijuana without penalty. This bill renders Delaware the 22nd state to legalize recreational marijuana.

House Bill 2 implements House Bill 1 and became effective April 27, 2023. This bill contains specific implications that are important to employers. The bill states that these new laws are not intended to "impact or impose any requirement or restriction . . . with respect to terms and conditions of employment." Employers are not required to tolerate marijuana use and are within their rights to discipline employees for marijuana-related infractions and positive drug tests. However, this stipulation does not apply to employees who possess medical marijuana cards.

Impact(s): Delaware employers
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View Delaware HB2

KENTUCKY: Medical Marijuana legalized
Summary: Effective on January 1, 2025, Kentucky will join the list of states to legalize medical marijuana. Under this new law, employers will still be permitted to enforce zero-tolerance or drug-free workplace policies, including testing for marijuana. For an employer to determine that an employee is under the influence of marijuana, they must conduct a behavioral assessment along with a positive drug test. The law also does not permit a cause of action against the employer for wrongful discharge or discrimination.
Impact(s): Kentucky employers
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MARYLAND: Recreational marijuana legalized
Summary: Maryland has legalized recreational marijuana; however, HB556, does not address the use of marijuana by employees and its possible implications to employers. Therefore, employers may continue to prohibit marijuana use and conduct drug testing as appropriate.
Impact(s): Maryland employers
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MONTANA: Consumer Data Privacy Act Enacted
Summary: In May, Governor Gianforte signed SB 384 to enact the Consumer Data Privacy Act (CDPA) which takes effect October 1, 2024.

Intended to create a framework for controlling and processing personal consumer data in Montana, the CDPA applies to any person conducting business in the state or who produces products or services targeted to state residents. This also only pertains to entities/individuals:

  • processing personal data of at least 50,000 consumers; or
  • controlling/processing personal data of at least 25,000 consumers and derives 25 percent of gross revenue from the sale of personal data.

Under the CDPA, consumers will be able to access personal data; correct inaccuracies; request data deletion; obtain copies and opt out of the sale of data.

Exempt from the terms of the CDPA is the "collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report and by a user of a consumer report, but only to the extent that the activity is regulated by and authorized under the Fair Credit Reporting Act, 15 U.S.C. 1681."

Other exemptions include:

  • Nonprofit organizations
  • Registered securities associations
  • Financial institutions
  • Data governed by the Gramm-Leach-Bliley Act
  • Specific federal laws
  • Covered entities governed by HIPAA
Impact(s): Montana employers
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TEXAS: Background check requirements for childcare workers increased
Summary: Texas has enacted Senate Bills 1849 and 182. SB 1849 will create a single search engine that will link four state agencies' "do not hire" databases. These agencies will include the Texas Juvenile Justice Department (TJJD), the Health and Human Services Commission, the Department of Family and Protective Services (DFPS), and the Texas Education Agency. Senate Bill 182 would require employees and contractors of the TJJD and DFPS to report criminal offenses they witness. Furthermore, they must inform the Texas Department of Public Security whenever other employees and contractors commit criminal offenses.
Impact(s): Texas state childcare agencies
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COURT OPINIONS
MASSACHUSETTS SUPREME JUDICIAL COURT: Automatic Record Sealing Expanded In Massachusetts
Summary: The Massachusetts Supreme Judicial Court (SJC) ruled that automatic report sealing is now applicable to more court-related outcomes.

In a unanimous decision, individuals can now have records sealed if they were found not guilty or were involved in a case in which a grand jury declined to indict or a judge found there was no probable cause.

The court determined that "where a defendant stands acquitted on a charge (or the grand jury returns a no bill or a finding of no probable cause has been made by the court), the records pertaining to those charges should be sealed, unless the defendant 'makes a written request to the commissioner' not to seal the records of the proceedings." As such, criminal records maintained by the State of Massachusetts will be automatically sealed unless the subject of the record requests otherwise. This decision also clears criminal records for many Massachusetts residents, increasing the pool of eligible applicants for open job positions.

Impact(s): Massachusetts employers
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