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. 1-877-564-2333 contact form J. J. Keller. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. People want jobs, not lawsuits, Auerbach says. for "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 Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. Asked October 5, 2018. 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. 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. 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. Pennsylvanias Department of Health oversees the states medical marijuana program, but an agency spokesperson said the law does not give it broad oversight of enforcement of employee protections, adding that changes to the law would require legislative action. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Many have been settled before a judge could rule on the merits of the case.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.It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA.Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. In most states, your employer is required to provide you with a copy of your drug test results, at this time you can challenge these results by way of retest or explanation. When Pennsylvania lawmakers successfully passed a medical marijuana bill in 2016, they set specific blood limits for users working in a few jobs: ones that require people to operate certain chemicals, high-voltage electricity, or any other public utility. All of those laws include exceptions if federal laws or rules require drug testing. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. Businesses dont want to have to guess which positions are appropriate for medical marijuana patients and which ones are off limits, said McCreary, the Pittsburgh attorney who has represented employers in these disputes. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. Gullen adds that if youre applying for a job that you know does drug testing, you may want to be up front about your status, and be able to provide supporting documentation. people, places, and food of Pa. every Friday, plus events, guides, We dont believe vital investigative and public-service journalism should be hidden behind a paywall or only for those who can afford a subscription fee. Self-Certification Form (DL-11CD) - download the form here from PennDOT. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. Pennsylvania Appellate Decision The Superior Court of Pennsylvania issued a decision on Aug. 5, 2021, that also could impact employers throughout the state when they conduct pre-employment drug tests on applicants who are certified users of medical marijuana. 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. 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. 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. It improves my mood.. So having a marijuana card is the only way to get legal access to medical marijuana until then. by Suzanne Sentman, SPHR on April 13, 2018. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. You'll need a driver's license or state-issued photo ID, and to be 18 years old. The Investigator (Weekly): Best accountability Because in theory, this should be protected under HIPAA laws. Currently, federal law still issues severe penalties for the use of medical marijuana. If you value this reporting, please give a gift today at And it also enables us to share that work with more than 90 newsroom partners in your community and communities across the state at no charge.From giant corporations to predatory hedge funds, a small number of billionaire owners have a powerful hold on so much of the information that reaches the public about whats happening here. 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. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. Be extra careful if applicants state they have a medical marijuana card. DOT drug and alcohol tests include: Pre-employment - An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. And what are the limitations? Ohio Valley Society for Adolescent Medicine. plus a daily puzzle. They are being forced to choose between their jobs and their medicine. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, So, what are your rights as a medical marijuana patient when it comes to employment? Yes for full time. No. 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. Christopher Baxter . General DQ Questions Medical Exams Audits. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Usually clinics are busy and impersonal, but everyone was so nice! Pennsylvanias medical marijuana law doesnt define impairment. The lack of clarity is frustrating for employers too. 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. National Conference of State Legislatures. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. I am sorry but as of now, you no longer work for us.. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. So employers and employees are both left with a lot of ambiguity.. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. By Mail: PennDOT Bureau of Driver Licensing P.O. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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. Although Pennsylvania employers cannot take action against employees because they . 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. The use and sale of marijuana is completely illegal. Will you do your part today by making a contribution? The passage of this bill is a thrilling success for patients and families who will benefit from this treatment, as well as for advocates and members of the House and Senate who have fought tirelessly for this cause for . I felt that we were protected. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. This SeriesRare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. The information provided here does not . Pennsylvania provides employment protections to medical marijuana patients, but they are limited. 2. Juvenile Law Center. ( 382.301 ). Conclusion. Some saliva tests have detected . Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. But restrictions on other workers such as those working at heights or in confined spaces are more vague. Always be aware of your state laws concerning drug testing for employers and job applicants. 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.. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. Many have been settled before a judge could rule on the merits of the case. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. After employees lose their job, they can run into other problems. . Has your Pennsylvania employer or prospective employer asked you to take a drug test? Attorneys in a Lancaster County case recently asked Pennsylvania Superior Court judges to provide guidance on what it takes to win a wrongful termination lawsuit under the states medical marijuana law and specifically what protections employees have if they exclusively use marijuana on an off-duty basis.. 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.Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers.A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users. Currently we've seen DOT physicals charged anywhere between $50 and $300. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. I gotba med card. Still, the future of the legislation is unclear. 1200 New Jersey Ave, SE Washington, DC 20590 United States. For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government.