Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). 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. 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. Pennsylvania Medical Marijuana and Drug DUI Laws - Jason Dunkle Law 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. spotlightpa.org/donate. 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 having a marijuana card is the only way to get legal access to medical marijuana until then. Will you do your part today by making a contribution? In 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. 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. Medical Marijuana Act | Employer Rights MMA | Lancaster CPA Firm 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. How long are people impaired from cannabis? So employers and employees are both left with a lot of ambiguity.. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. What tests are required and when does testing occur? | FMCSA 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. 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. Medical Marijuana And Drug Tests | Marijuana & The Workplace It improves my mood.. Practical Insights on Medical Marijuana for PA Employers - East Coast They can potentially discipline you for that.. 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. 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. Employee Drug Testing | MedExpress Urgent Care who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at Most MMJ programs also have a minimum age limit of 21. 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. We still have the right to earn a living.. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. The tests dont tell you whether an employee was impaired at work.When Pennsylvania lawmakers successfully passed a medical marijuana bill in 2016, they set specific blood limits for users working in a few jobs: ones that require people to operate certain chemicals, high-voltage electricity, or any other public utility. 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. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Because in theory, this should be protected under HIPAA laws. 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.. Medical Cannabis Laws and Anti-Discrimination Provisions - MPP I just dont know what our policy is on it and what would happen if I was sent out for a urine, Clark wrote, referring to a drug test and adding that he didnt want anyone to be caught off guard with this.. New Cannabis Rules for Employers Pennsylvania and New Jersey Employers We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 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. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. The lack of clarity is frustrating for employers too. 2022Pennsylvania Department of Health, August I am anticipating a job offer from P/enelec aka F/irst E/nergy as a DSO (distribution system operator) and they have a strict no drug/alcohol policy with a pre-employment drug test as well as random drug tests periodically. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. But there is no similar national standard for drugged driving.. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. What are your rights as a medical marijuana patient when it comes to employment? Depending on how valuable you are to . For more information about medical marijuana and drug testing, contact 610-738-2450. While non-safety-sensitive workers can rely on significant employment protections thanks to the Oklahoma Medical Marijuana and Patient Protection Act, the bill doesn't prevent employers from enacting drug testing policies in their workplaces, even for those with valid medical marijuana licenses. 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. Spotlight PA is different. 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. 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. That section states: The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Here is more information on getting a driver's license or ID card in Pennsylvania. Those include: Work performed at heights or in confined spaces, (such as mining). Pennsylvania Drug Testing Laws 2022 - Uritox, LLC Usually clinics are busy and impersonal, but everyone was so nice! 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. Accommodations for Medical Marijuana usage in the Workplace 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. 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 use and sale of marijuana is completely illegal. Reference Card: Minors' Access to Confidential Health Care in Pennsylvania Frequently Asked Questions - FMCSA DOT Physical Requirements And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. With gratitude, 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. He was demoted from that job to one that paid almost half, according to the lawsuit. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. But he didnt want to stop using cannabis to treat his pain. But restrictions on other workers such as those working at heights or in confined spaces are more vague. This excludes testing of employees in positions with federal drug-testing requirements. 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. 1-877-564-2333 contact form J. J. Keller. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. I'm a general assignment breaking news reporter. We still have the right to earn a living.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.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.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.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.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.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. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. Can I Get a Medical Marijuana Card If I Have a Felony? - WayofLeaf foundations and readers like you
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