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The medical marijuana users will soon be driving with the marijuana metabolites . Ed MahonSpotlight PAIllustrations by As a special bonus, all new monthly gifts made today will be matched as 12X their value thanks to the generosity of the Lenfest Institute for Journalism.Youve been reading our work. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. But restrictions on other workers such as those working at heights or in confined spaces are more vague. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. A worker from Mifflin County lost his job directing traffic after he asked for information on his companys medical marijuana policy, a conversation in which he voluntarily revealed that he used the drug outside of work. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. For more information about medical marijuana and drug testing, contact 610-738-2450. Those include: Work performed at heights or in confined spaces, (such as mining). National Conference of State Legislatures. Pennsylvanias law does not require employers to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. And, whats more, employers are able to discipline you for using medical marijuana in the workplace, or for being under the influence of the drug if your conduct falls below the standard of care normally accepted for your position. They can be punished if they show up to work impaired similar to the process for other drugs, according to Leech and a city spokesperson. While non-safety-sensitive workers can rely on significant employment protections thanks to the Oklahoma Medical Marijuana and Patient Protection Act, the bill doesn't prevent employers from enacting drug testing policies in their workplaces, even for those with valid medical marijuana licenses. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Employers and workers alike have asked for greater clarity but the legislature and governor have so far failed to explicitly outline the rights of scores of employers and workers. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana.The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal.A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public.More From Spotlight PARare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHow we tracked workplace lawsuits involving Pa.s medical marijuana lawA complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana programMensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable.Still, Democrats on the committee raised concerns about how employers would judge impairment. Also, employee protection laws vary by state. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. Things are less clear cut if you have a felony conviction, however. You'll need a driver's license or state-issued photo ID, and to be 18 years old. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. Mississippi, which legalized medical marijuana last Wednesday after the Mississippi Medical Cannabis Act also known as Senate Bill 2095 was signed into law, also has protections that. who are committed to accountability journalism that gets results. Video. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. In court filings, attorneys for the unemployment board disputed both claims and argued there is no credible evidence that Claimants use of medical marijuana created a safety hazard for anyone.. Copy of your valid DOT medical card. Everyone deserves access to the facts. . Physicians for Reproductive Choice and Health (PRCH) To order more cards or if you have any questions or comments, please contact the Clara Bell Duvall Reproductive Freedom Project, ACLU-PA at 215.592.1513 x115 or email duvall@aclupa.org. I've called the PA Dept. More than 30 employer groups, including the Pennsylvania Chamber of Business and Industry, have urged the legislature to provide clear guidance on marijuana and workplace safety issues.Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.The safety question is a complex one. Jack Lehr Electric declined to comment for this story, through an attorney. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.Taxpaying medical marijuana cardholders are finding really no safe harbor on the job, which should be guaranteed under existing Pennsylvania law, Todd Eachus, a member of the pro-cannabis legalization group Perfectly Normal, told lawmakers last year.For the more than 400,000 medical marijuana patients in the state, the stakes are high. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. When we sat down with city officials to talk about this they said, We dont want firefighters coming to work high, Tim Leech, a firefighter and vice president of the local union, told Spotlight PA. And we said, Well, this is going to be easy because neither do we.. Moyer said he had a medical marijuana card at the time.I felt betrayed, he told Spotlight PA.When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. The bill passed out of committee on a party-line vote with all Republicans in favor. Some places have found a way to reduce uncertainty. Asked October 5, 2018. 2022Pennsylvania Department of Health, August A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.. That leads to inconsistency and what employers see as a lose-lose scenario: Either risk a wrongful termination suit, or potentially allow an unsafe work environment. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired.It should be more clear, Moyer told Spotlight PA. A lot of people dont know. "When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient." "Nothing in ORS 475.300 to 475.346 shall be construed to require An employer to accommodate the medical use of marijuana in any workplace." Pennsylvania The program works with Medicare Part D plans and other prescription drug plans such as retiree/union coverage, employer plans, Medicare Advantage (HMO, PPO) and Veterans' Benefits (VA) to lower out-of-pocket costs for medications. If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From Has your Pennsylvania employer or prospective employer asked you to take a drug test? He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. The information provided here does not . How to become a caregiver in PA? So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. What About Medications? Office of Drug & Alcohol Policy & Compliance. That means that, among other things, an employer or potential employer, if youre looking for work cant legally fire or refuse to hire you just because you use medical marijuana. Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. And unlike with the ADA and PHRA, there is no employee threshold, so even companies with only a couple of employees are subject to lawsuits if they violate its provisions. Snare told him she was checking with her attorney and would get back to him. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. They said he was told he could return to work in a position that would not require him to operate power equipment.. [The law] kind of gives with one hand and takes it away with the other hand, said Judith Cassel, a Harrisburg attorney who specializes in cannabis issues. Vaccinations. They can be punished if they show up to work impaired similar to the process for other drugs, according to Leech and a city spokesperson.Other firefighters have told Leech theyre drinking less alcohol, or theyve switched from federally approved prescription drugs, such as opioids, to medical marijuana because they feel its safer and less addictive. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis.How long are people impaired from cannabis?That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups.Is there a standard definition of impairment for cannabis?No. Pennsylvanias law doesnt specifically address the rights of patients to use the drug when they arent at work, and unlike some other states, it doesnt include protections for them if they fail a drug test but are not impaired. No. Among them: A worker at a Northumberland County distribution center was sent home and demoted after his medical marijuana card fell out of his wallet at work, his attorneys claimed in a lawsuit. This article and all of our journalism are available to you at no cost thanks to our supporters. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. While many of its neighbors are actively striving for easier access to medical marijuana, Pennsylvania is still adamant in confusing its patient community with its contradictory drug testing laws. I'm a general assignment breaking news reporter. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. Refusals to submit to a drug or alcohol test are defined in 382.107. In Palmiter v. The unemployment board later ruled in his favor, saying that the bare test results do not disclose how recently the claimant may have ingested marijuana before reporting to work or that his work performance somehow was impaired on the day of the test., Pennsylvania Department of Health, July Currently, he says, its not clear how courts would react to such a lawsuit, so public employees may be left in the lurch when it comes to medical marijuana employment protections. Laws in Arizona, Minnesota, and Delaware, for instance, say employers cant discriminate against patients based solely on a positive drug test for marijuana metabolites or components.But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. people, places, and food of Pa. every Friday, plus events, guides, Do I need a referral from a marijuana doctor in PA? In August 2020, Clark sent an email to the owner and president of the company, Shannon Snare, asking about the workplace policy for medical marijuana. That section states: But restrictions on other workers such as those working at heights or in confined spaces are more vague.The law also allows employers to prevent workers from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana, a provision that can be interpreted many ways.And while the law states that employers cant discriminate against an employee solely on the basis of such employees status as an individual who is certified to use medical marijuana, Spotlight PA has found that protection has significant limits.Pennsylvanias law doesnt specifically address the rights of patients to use the drug when they arent at work, and unlike some other states, it doesnt include protections for them if they fail a drug test but are not impaired.[The law] kind of gives with one hand and takes it away with the other hand, said Judith Cassel, a Harrisburg attorney who specializes in cannabis issues.

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