Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. Moyer said he had a medical marijuana card at the time.I felt betrayed, he told Spotlight PA.When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Pennsylvania CDL and DOT Medical Card Requirements In many cases, using medical marijuana while on the job is at the discretion of your employer. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). 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. 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. How long are people impaired from cannabis? Medical Marijuana FAQs | Compassionate Certification Centers 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. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. Random Testing Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. No. People want jobs, not lawsuits, Auerbach says. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Marijuana is still illegal at the federal level, which can create additional complications for some industries. Contact Us. I am sorry but as of now, you no longer work for us.. 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. 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. Many have been settled before a judge could rule on the merits of the case. He was demoted from that job to one that paid almost half, according to the lawsuit. But he didnt want to stop using marijuana. 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. 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. Attorneys 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.. 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. 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. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.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.For the more than 400,000 medical marijuana patients in the state, the stakes are high. 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. We shouldnt be limited. 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. The criteria usually include being a resident of the state and having a qualifying condition. New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. 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. With gratitude, according to the Pennsylvania Department of Health, provides some specific antidiscrimination protections for registered patients when it comes to employment, unlikely that an employer will ask if you are one, How medical marijuana affects your tenant rights in Pennsylvania, says that patients are prohibited from certain jobs or job functions, marijuana attorney Patrick Nightingale writes, what is known as a private right of action,, Our best Philly tips: Read our most useful stories, California residents do not sell my data request. 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. 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. We shouldnt be limited. 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. Yes for full time. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. This SeriesRare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. For the more than 400,000 medical marijuana patients in the state, the stakes are high. But he didnt want to stop using marijuana. Will you do your part today by making a contribution? 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. How long after gettin job i have to do drug test. Gun Owners Do Not Qualify for Medical Marijuana We still have the right to earn a living.. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. Department of Veterans Affairs Policy on Medical Marijuana But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 3. plus a daily puzzle. 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. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. Pre-Employment Urine Test as a Med Card Holder. And it seems like were not. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. Self-Certification Form (DL-11CD) - download the form here from PennDOT. 2022Pennsylvania Department of Health, July 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. BLOG: What You Need to Know About Medical Marijuana in Pennsylvania Pennsylvanias 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. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Arkansas does not provide protection to medical marijuana patients from employee drug testing. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. 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. They can potentially discipline you for that.. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. An Allentown company fired a warehouse worker after he tested positive for marijuana use. It varies. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. 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. Moyer said he had a medical marijuana card at the time. 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 What do I do once a doctor issues my certification? 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. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. 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. I felt that we were protected. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Especially if you need to use medical marijuana to manage your condition during the work day. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. 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. Here is what you need to know. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. Practical Insights on Medical Marijuana for PA Employers - East Coast 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. Asked October 5, 2018. Pennsylvania Ripe For Cannabis Progress in 2023 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. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. I feel like I have a target on my back, Douglas told Spotlight PA in June. Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Even if you can file a lawsuit, keep in mind that it takes time up to 18 months, in Auerbachs estimation before a judge could possibly rule in your favor. Pennsylvanias medical marijuana law doesnt define impairment. So having a marijuana card is the only way to get legal access to medical marijuana until then. I'm a general assignment breaking news reporter. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. people, places, and food of Pa. every Friday, plus events, guides, But he didnt want to stop using cannabis to treat his pain. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Get Certified by a Physician What About Medications?