The lack of clarity is frustrating for employers too. 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. They said he was told he could return to work in a position that would not require him to operate power equipment.. For more information about medical marijuana and drug testing, contact 610-738-2450. 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. 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. Absent a change in federal or state law, thats not likely to change soon. Depending on how valuable you are to . But there is no similar national standard for drugged driving.. The number of urine drug screens in Pennsylvania that included marijuana dropped from nearly 99% in 2017 to 88% in 2021, according to workforce data from Quest Diagnostics. But he didnt want to stop using marijuana. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. report from the National Institute on Drug Abuse. The information provided here does not . Its complicated. 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. Get Certified by a Physician PA Local (Weekly): A fresh look at the incredible 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. In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. 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. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. The Department of Transportation's Drug and Alcohol Testing Regulation - 49 CFR Part 40, at 40.151 (e) - does not authorize "medical marijuana" under a state law to be a valid medical explanation for a transportation employee's positive drug test result. It is, therefore . Although Pennsylvania employers cannot take action against employees because they . No. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job.I have had firefighters tell me that its changed their life dramatically, Leech said. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. The tests dont tell you whether an employee was impaired at work. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job. To register for the medical marijuana program, you must have a Pennsylvania driver's license or an ID card issued by the Pennsylvania Department of Transportation. Auerbach advises that you shouldnt lie about it, but if theres any reason to avoid telling them, dont go out of your way to tell them.. What do I do once a doctor issues my certification? 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 1. I'm a general assignment breaking news reporter. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. 1. How long are people impaired from cannabis? 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.. Will you do your part today by making a contribution? Most MMJ programs also have a minimum age limit of 21. But restrictions on other workers such as those working at heights or in confined spaces are more vague. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. 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. 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. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Urgent Care. 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. 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.. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. 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. Self-Certification Form (DL-11CD) - download the form here from PennDOT. 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 . Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. Addressing the topic, one can be drug tested even with a medical marijuana card. 2. Buy marijuana from cannabis dispensaries in the State of Virginia. This is because state laws may define a drug. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. Our journalism is produced to serve the public interest not profit motives. Residents of 33 states plus D.C can access medical marijuana. New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees. Show moreMedical Marijuana in PA, By the numbers$3.4 billion in sales by dispensaries414,446 active patient certifications1,830 approved practitioners23 qualifying conditionsSources (in order)Pennsylvania Department of Health, July (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). Pennsylvania Court: Medical Marijuana Act Allows Employees to Sue for Bias The Superior Court of Pennsylvania recently held that the state's medical marijuana act allowed an employee to sue. Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. . And it seems like were not. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. Some states have expanded protections for workers who use marijuana on their own time. Those include: Work performed at heights or in confined spaces, (such as mining). However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. 2022, Pennsylvania Department of Health, August When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Vague legal safeguards for medical marijuana users in Pennsylvania are forcing patients to choose between their job and a drug they say has changed their life, and leaving skittish employers vulnerable to lawsuits, according to a three-month Spotlight PA investigation.While state law protects workers from being fired or denied a job just for having a doctors permission to use marijuana, those protections become opaque when people actually take the drug regardless of whether they do it in their personal time. PGWs first responsibility is always the safety of our employees, customers, and communities across the City of Philadelphia and ensuring safety throughout all our operations, spokesperson Richard Barnes said in an email. While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. Spotlight PA relies on funding from An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss 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. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. Marijuana is still illegal at the federal level, which can create additional complications for some industries. 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. He was demoted from that job to one that paid almost half, according to the lawsuit.Longenecker asked if he could keep his old job if he took a drug test and the results came back negative, but a human resource manager denied the request, his attorneys claimed.Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. Still, he worries the company could find another reason to drug test him. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Pennsylvanias medical marijuana law doesnt define impairment. Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. But what about work? A spokesperson for the Department of Labor and Industry said the agency doesnt have statistics for the number of people initially denied benefits in cases similar to Moyers.Different approachesPennsylvanias 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.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.The number of urine drug screens in Pennsylvania that included marijuana dropped from nearly 99% in 2017 to 88% in 2021, according to workforce data from Quest Diagnostics. The safety question is a complex one. The Investigator (Weekly): Best accountability His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Because in theory, this should be protected under HIPAA laws. Random Testing Ohio Valley Society for Adolescent Medicine. of Health and talked to workers at various . If your policy requires preemployment drug testing, then conduct the test. Some states allow employers to kick against medical marijuana for safety. Office of Drug & Alcohol Policy & Compliance. Snare told him she was checking with her attorney and would get back to him. Jack Lehr Electric declined to comment for this story, through an attorney. I felt that we were protected. 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. Report. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Without a valid DOT medical card, you can lose your CDL. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, You'll need a driver's license or state-issued photo ID, and to be 18 years old. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. We have no billionaire owner or shareholders to consider.Our journalism is produced to serve the public interest not profit motives.Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. 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. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. . 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 . No. If you value this reporting, please give a gift today at Since Pennsylvania's Medical Marijuana Act (MMA) was signed into law on April 17, 2016, the Department of Health has been busy implementing the Medical Marijuana Program. Asked June 14, 2017. . After employees lose their job, they can run into other problems. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. Department of Veterans Affairs Policy on Medical Marijuana So, what are your rights as a medical marijuana patient when it comes to employment? This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. Video. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. 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. Also, employee protection laws vary by state. Clark later found a job at another business. 2022Pennsylvania Department of Health, August 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. 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. Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. I have quit smoking in the meantime just in case, but it will . Will you do your part today by making a contribution? Christopher Baxter 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. 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. Now join thousands of your friends and neighbors in supporting it.With gratitude, The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. plus a daily puzzle. 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. Here are a few examples:Arizona, Minnesota, and Delaware say employers cant punish patients based on a positive drug test for marijuana unless they used, possessed, or were impaired at work or on duty.New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees.New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty.All of those laws include exceptions if federal laws or rules require drug testing.Sources (in order)Arizona statutesDelaware codeMinnesota statutesNew York State Department of Labor guidanceNew Jersey Office of the Attorney General; New Jersey statutesCalifornia chapter of the National Organization for the Reform of Marijuana LawsIn 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty.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.Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. It improves my mood.. In Pennsylvania, New Jersey, and many other states, failing a drug test with a medical marijuana card does not guarantee any sort of action against you. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job., I have had firefighters tell me that its changed their life dramatically, Leech said. Is there a standard definition of impairment for cannabis? As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. 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. 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. Has your Pennsylvania employer or prospective employer asked you to take a drug test? Do I need a referral from a marijuana doctor in PA? In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. Some saliva tests have detected . Losing a job over a positive drug test can put unemployment benefits at risk. 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.