Clark told her he used marijuana to treat a medical condition and planned to continue doing so. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA. After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. It varies. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. 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). Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.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.State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. 2022Pennsylvania Department of Health, July Pennsylvania's Medical Marijuana Laws - Hark and Hark Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. 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.. 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. 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. Always be aware of your state laws concerning drug testing for employers and job applicants. 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. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. 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. 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. After employees lose their job, they can run into other problems. I have quit smoking in the meantime just in case, but it will . This is because state laws may define a drug. 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. Vaccinations. 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. 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. But he didnt want to stop using marijuana. All of those laws include exceptions if federal laws or rules require drug testing. 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. 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. Editor in ChiefCLICK TO CONTRIBUTE NOW ReportingEd MahonSpotlight PAemahon@spotlightpa.orgIllustrationsLeise HookSpotlight PAEditingSarah HutchinsInvestigations Editorshutchins@spotlightpa.orgFact-Checking and Copy EditingStephen KearseAssistant Editorskearse@spotlightpa.orgLayoutEthan Edward CostonSpotlight PA100% Essential ReportingSpotlight PA relies on funding from 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. After the first visit, you will only need your marijuana card. And what are the limitations? Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. You usually have to pay a fee to get this card. Can I Get a Medical Marijuana Card If I Have a Felony? - WayofLeaf Everyone deserves access to the facts.Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news.Thats why we need your help now.Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. Asked October 5, 2018. Usually clinics are busy and impersonal, but everyone was so nice! 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. 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.. Accommodations for Medical Marijuana usage in the Workplace What tests are required and when does testing occur? | FMCSA Here is more information on getting a driver's license or ID card in Pennsylvania. 2022Pennsylvania Department of Health, August Spotlight PASupport This Work Medical Marijuana Act | Employer Rights MMA | Lancaster CPA Firm Getting Medical Marijuana in Pennsylvania - PA.GOV Most importantly, the law protects you when it comes to hiring, firing, and retaliation. . He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. But restrictions on other workers such as those working at heights or in confined spaces are more vague. 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. Will I get a job if I test positive and fail a medical marijuana drug test? Employers and Legal Marijuana. Marijuana Laws by State Rare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cards, Health officials in Pa. face scrutiny over weak oversight of medical marijuana doctors, A behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certifications, How anxiety came to dominate the big business of medical marijuana cards in Pennsylvania, Pa. Department of Health sues to keep medical marijuana program data secret. Absent a change in federal or state law, thats not likely to change soon. (Medical card only, not the long form.) of Health and talked to workers at various . Declaring a Drug Test Positive: Who Has Final Say on Medical Marijuana This excludes testing of employees in positions with federal drug-testing requirements. 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.. Christopher Baxter 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. Editor in Chief. 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. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Unsurprisingly, the employee tested positive for . PA Local (Weekly): A fresh look at the incredible 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. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. 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. Ohio Valley Society for Adolescent Medicine. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. But what about work? 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. 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.. How do you get your medical marijuana card in PA? The Investigator (Weekly): Best accountability They are being forced to choose between their jobs and their medicine. The use and sale of marijuana is completely illegal. Christopher Baxter Medical marijuana use in the workplace can be a complicated legal maze. So, while a Medical Marijuana card will not show up on a federal background check, if you've had any run-ins with the law that are connected to marijuana use and/or possession (even if it was medical), you can still face problems if someone performs a . It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Losing a job over a positive drug test can put unemployment benefits at risk. For the more than 400,000 medical marijuana patients in the state, the stakes are high. In Palmiter v. 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. Frequently Asked Questions for Medical Marijuana - Arkansas MMJ Card What if I fail or refuse a test? | FMCSA - Federal Motor Carrier Safety For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. 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. Refusals to submit to a drug or alcohol test are defined in 382.107. 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. marijuana card at the time of the positive drug . You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. Will a Medical Marijuana Card Show Up on a Background - Secure Thoughts No. PaulaTexas patient. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. 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. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Pre-Employment Urine Test as a Med Card Holder The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Can You Pass a Drug Test with a Medical Card? The Answer Here 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. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. And it seems like were not. Still, he worries the company could find another reason to drug test him. Frequently Asked Questions About Medical Marijuana in Virginia Employee Drug Testing and the Pennsylvania Medical Marijuana Law: What They can potentially discipline you for that.. But he didnt want to stop using marijuana. 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. 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. 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. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. 3. Video. Workers with medical marijuana cards in PA face firing 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. So employers and employees are both left with a lot of ambiguity.. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. Immigration Physicals. I am sorry but as of now, you no longer work for us.. So, what are your rights as a medical marijuana patient when it comes to employment? His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. New Card $199, Renewal $100, Returning Patients $50. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 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. Spotlight PA is different. 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. PACE Program - Pennsylvania Department of Aging So having a marijuana card is the only way to get legal access to medical marijuana until then. By Mail: PennDOT Bureau of Driver Licensing P.O. Moyer said he had a medical marijuana card at the time. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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.