( 382.301 ). Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. This excludes testing of employees in positions with federal drug-testing requirements. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Employers cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings. 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. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Addressing the topic, one can be drug tested even with a medical marijuana card. 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. Still, the future of the legislation is unclear.For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule.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.BEFORE YOU GO, A QUICK REQUESTI hope you appreciated this article. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. Snare told him she was checking with her attorney and would get back to him. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. They think they have a card and they are protected, like I did.. But that, Gullen says, is an unsettled area of the law. Auerbach says that filing a claim under the ADA or PHRA mostly depends on whether your employer knows what your disability is not just whether they know youre a medical marijuana patient so it can get complicated. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. Read Later. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. 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. 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 departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. The Investigator (Weekly): Best accountability 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.An Allentown company fired a warehouse worker after he tested positive for marijuana use. 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. 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. What are your rights at work if you use medical marijuana? Pennsylvanias medical marijuana law doesnt define impairment. 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. (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. This is, however, based on the law in the state at that time. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 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. Before you move on, I was hoping you would consider taking the step of supporting Spotlight PAs journalism either one time, or with a monthly gift. foundations and readers like you Will you do your part today by making a contribution? Leise Hook 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. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. If your policy requires preemployment drug testing, then conduct the test. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. 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. 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. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. It also prohibits patients from participating in certain high-risk activities while using medical . They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. 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. We shouldnt be limited. The employee, a Security Analyst, was required to submit to a return-to-duty drug test after being on leave for more than 90 days due to a surgery. In some cases, employees alleged they were punished without even undergoing a drug test. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. 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. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. 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. So employers and employees are both left with a lot of ambiguity.. We still have the right to earn a living.. The tests dont tell you whether an employee was impaired at work. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. 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. 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. What do I do once a doctor issues my certification? On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. 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. If you work in the service industry, hospitality, or at a desk job, you are likely to get the laws full protections, but blue collar employees may not be protected from being fired or not hired.. 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. How long is marijuana use detectable in a drug test? Residents of 33 states plus D.C can access medical marijuana. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. 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. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. 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. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . Spotlight PASupport This Work (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. 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.