The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers.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.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.Fights in courtsIn lawsuits, medical marijuana patients said they were denied or fired from a variety of jobs: forklift operator, welder, medical assistant, construction worker, emergency medical technician, and customer service representative.Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Spotlight PA is different. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. All of those laws include exceptions if federal laws or rules require drug testing. 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. 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. But what about work? 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 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. 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. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana.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.More From Spotlight PARare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHow we tracked workplace lawsuits involving Pa.s medical marijuana lawA complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana programMensch 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. 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. I gotba med card. Leise Hook Before a drug test is verified as positive, a medical review officer (MRO) must first ask the individual whether he/she has a legitimate medical reason for testing positive. 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. who are committed to accountability journalism that gets results. Spotlight PA relies on funding from The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. Many have been settled before a judge could rule on the merits of the case. 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. 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. Those include: Work performed at heights or in confined spaces, (such as mining). The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Tasks that the employer deems life-threatening, to you personally or to any other employees. Juvenile Law Center. 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. Report. And what are the limitations? Ed MahonSpotlight PAIllustrations by 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. Some saliva tests have detected . 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. Losing a job over a positive drug test can put unemployment benefits at risk. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . 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. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. Jack Lehr Electric declined to comment for this story, through an attorney. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. Security officials will check your marijuana card before allowing you in. Asked June 14, 2017. . Has your Pennsylvania employer or prospective employer asked you to take a drug test? 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. Spotlight PA is different. And some states offer stronger protections. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. Unfortunately, the answer is yes, they can. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Ordinarily, that law would require an employer to make a reasonable accommodation for a person with a disability but because marijuana is federally illegal, Gullen notes, the ADA wouldnt apply. 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. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. 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. 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. And it seems like were not. Random Testing He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. 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. 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. Use of medical marijuana is probably not a "legitimate medical reason" for testing positive for marijuana on a drug test; thus, the test will be deemed positive. What are your rights at work if you use medical marijuana? Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. 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. 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. Yes for full time. Office of Drug & Alcohol Policy & Compliance. The criteria usually include being a resident of the state and having a qualifying condition. In some cases, employees alleged they were punished without even undergoing a drug test. Im in boston do they drug test for marijuanna. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. We have no billionaire owner or shareholders to consider. They think they have a card and they are protected, like I did.. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. For more information about medical marijuana and drug testing, contact 610-738-2450. But he didnt want to stop using cannabis to treat his pain. 1-877-564-2333 contact form J. J. Keller. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. This is because state laws may define a drug. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. (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. 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. 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. Answer See 3 answers. The safety question is a complex one. 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. "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 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. I've called the PA Dept. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit.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. Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer.