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. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 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. Does wegmans drug test part time 15 year olds? Urgent Care. 2022, Pennsylvania Department of Health, August Answer See 3 answers. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. The criteria usually include being a resident of the state and having a qualifying condition. Gun Owners Do Not Qualify for Medical Marijuana 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. . spotlightpa.org/donate. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. . That led the companys president to flag his marijuana use as a public safety issue and issue him an ultimatum: pass a drug test or lose his job. Contact Us. Spotlight PA relies on funding from 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. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. 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. The lack of clarity is frustrating for employers too. Now join thousands of your friends and neighbors in supporting it. But what about work? 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. Pre-Employment Urine Test as a Med Card Holder Our journalism is produced to serve the public interest not profit motives. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. But he didnt want to stop using marijuana. 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. I have quit smoking in the meantime just in case, but it will . Yes for full time. 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. Usually clinics are busy and impersonal, but everyone was so nice! Here is what you need to know. 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. They think they have a card and they are protected, like I did.Jack Lehr Electric declined to comment for this story, through an attorney. 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. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. You'll need a driver's license or state-issued photo ID, and to be 18 years old. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. Refusals to submit to a drug or alcohol test are defined in 382.107. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. We still have the right to earn a living.. Pennsylvanias medical marijuana law doesnt define impairment. Employers and Legal Marijuana. Marijuana Laws by State In 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty. 2. No. 1-877-564-2333 contact form J. J. Keller. To get medical marijuana in Pennsylvania, patients have to register through the medical marijuana registry, be certified by a physician, pay for their medical marijuana ID card, and obtain their medication from approved dispensaries across the state. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. Vaccinations. 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. Moyer said he had a medical marijuana card at the time. Pre-Employment Urine Test as a Med Card Holder. 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. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Accommodations for Medical Marijuana usage in the Workplace Some states allow employers to kick against medical marijuana for safety. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. 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.. 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. InvestigationUnimpaired, UnemployedWorkers in Pennsylvania cant be fired for having a doctors approval for medical marijuana but once they actually use it, its a whole different story.Sept. So employers and employees are both left with a lot of ambiguity.. plus a daily puzzle. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. 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. Your Guide to Pennsylvania Medical Marijuana Laws | Green Health Docs 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. 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. Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. The medical marijuana users will soon be driving with the marijuana metabolites . Spotlight PA is different. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. However, when I called Occupational Health (a place that does biometric testing), they said if you present your med card, they will mark your urine test results negative for marijuana, regardless of the actual results. And it seems like were not. 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. Some saliva tests have detected . Pennsylvania has a three-step process for patients to obtain a medical cannabis card. 2022Pennsylvania Department of Health, August With gratitude, 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. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. How do you get your medical marijuana card in PA? 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. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. 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. PA Local (Weekly): A fresh look at the incredible Marijuana is still illegal at the federal level, which can create additional complications for some industries. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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 took what was a bright line rule and they completely muddied it up in a way that nobody can really make any sense out of, McCreary said of lawmakers. 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. It limits your ability to manage your medical condition.. The safety question is a complex one. 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. 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. This is because state laws may define a drug. Can You Pass a Drug Test with a Medical Card? The Answer Here What Happens If You Fail a Drug Test But Have a Prescription 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. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. Ed MahonSpotlight PAIllustrations by The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position.I feel like I have a target on my back, Douglas told Spotlight PA in June.A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies.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.Asking for clarityAttorneys 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 case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. This article and all of our journalism are available to you at no cost thanks to our supporters. Frequently Asked Questions for Medical Marijuana - Arkansas MMJ Card Because in theory, this should be protected under HIPAA laws. What About Medications? 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. What do I do once a doctor issues my certification? But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. It varies. Read Later. 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. Can I be fired in Pennsylvania for using medical marijuana? - Inquirer.com Depending on how valuable you are to . 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. 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.. There are other activities that are designated zero tolerance at work, Auerbach says, meaning that you cant do them if you are under the influence of medical marijuana at work (but you still should be able to medicate off work hours). New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Depending on the laws of the state and company policy, you may be screened for pot to see if you have a positive drug test before a company offers you a job. How long is marijuana use detectable in a drug test? 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. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. Thats all true for employees of private companies, . 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. 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. 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. spotlightpa.org/donate. They are being forced to choose between their jobs and their medicine. Jack Lehr Electric declined to comment for this story, through an attorney. 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.In June 2021, Commonwealth Court ruled in Moyers favor, a victory in a battle he thinks he shouldnt have had to fight in the first place. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Pennsylvania Drug Testing Laws 2022 - Uritox, LLC However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. Frequently Asked Questions - FMCSA DOT Physical Requirements 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. 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 And some states offer stronger protections. Can You Have a CDL and a Medical Marijuana Card? - Leafwell In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. 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. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. 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. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. What to bring to a DOT physical; Now join thousands of your friends and neighbors in supporting it.With gratitude, In Harrisburg, negotiations over employment protections have been lengthy and challenging, state Sen. Michele Brooks (R., Mercer) said during a committee hearing earlier this year. Most MMJ programs also have a minimum age limit of 21. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. Christopher Baxter Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. DOT "Recreational Marijuana" Notice | US Department of - Transportation But he didnt want to stop using marijuana. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Arkansas does not provide protection to medical marijuana patients from employee drug testing. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. Still, he worries the company could find another reason to drug test him. Youve been reading our work. Workplace Drug Testing in Pennsylvania | Nolo Can You Take CBD and Pass a Drug Test? - Consumer Reports Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. The governor will sign the bill on Sunday. In many cases, using medical marijuana while on the job is at the discretion of your employer. (Medical card only, not the long form.) Random Testing People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. Does a Medical Marijuana Card Affect Employment? - Heally 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. 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. Always be aware of your state laws concerning drug testing for employers and job applicants. Getting Medical Marijuana in Pennsylvania - PA.GOV That section states: Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. What are the qualifying conditions in PA? The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. BLOG: What You Need to Know About Medical Marijuana in Pennsylvania He was demoted from that job to one that paid almost half, according to the lawsuit. 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 2022But the fight still wasnt over.His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug.
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