2. They said he was told he could return to work in a position that would not require him to operate power equipment.. So, what are your rights as a medical marijuana patient when it comes to employment? But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. 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. All of those laws include exceptions if federal laws or rules require drug testing. 1. foundations and readers like you Get Certified by a Physician The information provided here does not . Clarks counsel claimed he never used marijuana on the job, never worked impaired or under the influence, and never consumed marijuana within eight hours of the start of a shift. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA.Douglas is happy to be back in his regular job doing work he enjoys. of Health and talked to workers at various . First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. People want jobs, not lawsuits, Auerbach says. Vaccinations. During your first visit to a weed dispensary in Pennsylvania, you'll need to have your Pennsylvania state ID or driver's license and medical marijuana card. 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. I have quit smoking in the meantime just in case, but it will . The protection isnt quite as robust as you might think.. Those include: Work performed at heights or in confined spaces, (such as mining). Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. 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. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, Fast and Simple. Rare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cards, Health officials in Pa. face scrutiny over weak oversight of medical marijuana doctors, A behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certifications, How anxiety came to dominate the big business of medical marijuana cards in Pennsylvania, Pa. Department of Health sues to keep medical marijuana program data secret. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). 2022Pennsylvania Department of Health, July Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 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. 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. marijuana card at the time of the positive drug . Read Later. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. If you value this reporting, please give a gift today at Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. This article and all of our journalism are available to you at no cost thanks to our supporters. 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. The regulation found at 49 CFR 383 implements the 1991 Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. 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. Especially if you need to use medical marijuana to manage your condition during the work day. . After the first visit, you will only need your marijuana card. 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. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. Contact Us. Also, employee protection laws vary by state. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. 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 potentially discipline you for that.. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. 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. Yes for full time. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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. Spotlight PA is different. Spotlight PA relies on funding from Refusals to submit to a drug or alcohol test are defined in 382.107. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. 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. 2022, Pennsylvania Department of Health, August If your policy requires preemployment drug testing, then conduct the test. 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 they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Usually clinics are busy and impersonal, but everyone was so nice! Copy of your valid DOT medical card. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From 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. That section states: READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. 3. best-of, and more. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. 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. We shouldnt be limited. An Allentown company fired a warehouse worker after he tested positive for marijuana use. What are your rights as a medical marijuana patient when it comes to employment? 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. Some states have expanded protections for workers who use marijuana on their own time. 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 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. But he didnt want to stop using marijuana. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. 1200 New Jersey Ave, SE Washington, DC 20590 United States. The medical marijuana users will soon be driving with the marijuana metabolites . 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. Losing a job over a positive drug test can put unemployment benefits at risk. 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. (Fall 2017 [updated March 2021]) Medical Review Officers (MROs) offer important oversight in the drug testing process by making the final determining if a drug test is ruled positive or negative.The MRO's role is to verify that an individual has a legal explanation, i.e., a prescription, for having a substance in his/her system at the level it shows. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Those protections apply to things like preemployment and random drug testing, meaning that you cant be denied a job or, in most cases, fired from one you already have if you fail a drug test for marijuana, says Narberth-based employment attorney Steven Auerbach. Department of Veterans Affairs Policy on Medical Marijuana 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. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would.My confidence is still shattered, Clark said in an interview. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. But restrictions on other workers such as those working at heights or in confined spaces are more vague. Im in boston do they drug test for marijuanna. And some states offer stronger protections. 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. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. Pennsylvanias medical marijuana law doesnt define impairment. Gun Owners Do Not Qualify for Medical Marijuana Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. 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.. PaulaTexas patient. 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. Always be aware of your state laws concerning drug testing for employers and job applicants. No. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. 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., Mensch 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. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 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. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. ( 382.301 ). And what are the limitations? Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. 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. By Mail: PennDOT Bureau of Driver Licensing P.O. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. 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. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at For the more than 400,000 medical marijuana patients in the state, the stakes are high. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. If you are fired or refused a job because of your status as a medical marijuana patient, in many cases, you can file a lawsuit. National Conference of State Legislatures. 14, 2022by 3,515 views 3 comments 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. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Do I need a referral from a marijuana doctor in PA? 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. Most MMJ programs also have a minimum age limit of 21. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. No. Here is more information on getting a driver's license or ID card in Pennsylvania. 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. Find a Drug Test Location. 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 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. report from the National Institute on Drug Abuse. Asked June 14, 2017. . More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs.