His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 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. Fast and Simple. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. The new FMCSA Medical Examination Forms (2016) and reporting system have increased administrative work and time for medical examiners, and costs for the DOT physical exam are rising accordingly. 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. 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 . So employers and employees are both left with a lot of ambiguity.. 3,515 views 3 comments They think they have a card and they are protected, like I did.Jack Lehr Electric declined to comment for this story, through an attorney. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 2022Pennsylvania Department of Health, August They can potentially discipline you for that.. Its possible, depending on the job, Auerbach says. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Spotlight PA is different. Still, the future of the legislation is unclear. 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.This article and all of our journalism are available to you at no cost thanks to our supporters. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. The use and sale of marijuana is completely illegal. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. 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. plus a daily puzzle. Juvenile Law Center. 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. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. Still, he worries the company could find another reason to drug test him. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. So having a marijuana card is the only way to get legal access to medical marijuana until then. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . Refusals to submit to a drug or alcohol test are defined in 382.107. 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. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. What do I do once a doctor issues my certification? 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. . If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. 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. The medical marijuana users will soon be driving with the marijuana metabolites . Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. Pennsylvania Appellate Decision The Superior Court of Pennsylvania issued a decision on Aug. 5, 2021, that also could impact employers throughout the state when they conduct pre-employment drug tests on applicants who are certified users of medical marijuana. 3. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. 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. 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. 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. So, what are your rights as a medical marijuana patient when it comes to employment? However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. 3. 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. 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. 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. That means that, among other things, an employer or potential employer, if youre looking for work cant legally fire or refuse to hire you just because you use medical marijuana. In Palmiter v. In some cases, employees alleged they were punished without even undergoing a drug test. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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. Asked June 14, 2017. . Office of Drug & Alcohol Policy & Compliance. Spotlight PASupport This Work To register for the medical marijuana program, you must have a Pennsylvania driver's license or an ID card issued by the Pennsylvania Department of Transportation. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): Will you do your part today by making a contribution? Depending on how valuable you are to . Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. They said he was told he could return to work in a position that would not require him to operate power equipment.. Spotlight PA relies on funding from ( 382.301 ). Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. We still have the right to earn a living.. If your policy requires preemployment drug testing, then conduct the test. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. 5 min. Has your Pennsylvania employer or prospective employer asked you to take a drug test? 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. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. 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 so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). And it seems like were not. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. The governor will sign the bill on Sunday. 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. How long after gettin job i have to do drug test. 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. No. How long are people impaired from cannabis? 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. Im in boston do they drug test for marijuanna. 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. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. With gratitude, Will you do your part today by making a contribution? 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. He was demoted from that job to one that paid almost half, according to the lawsuit.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.Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. I felt that we were protected. Most MMJ programs also have a minimum age limit of 21. Some saliva tests have detected . 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. While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. 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. How do you get your medical marijuana card in PA? foundations and readers like you It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. 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. After employees lose their job, they can run into other problems. 1. 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. Our journalism is produced to serve the public interest not profit motives. Addressing the topic, one can be drug tested even with a medical marijuana card. I'm a general assignment breaking news reporter. Those include: Work performed at heights or in confined spaces, (such as mining). The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. Is there a standard definition of impairment for cannabis? The tests dont tell you whether an employee was impaired at work. Copy of your valid DOT medical card. 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. Snare told him she was checking with her attorney and would get back to him. journalism every Thursday, plus a weekly riddle. Unsurprisingly, the employee tested positive for . After the first visit, you will only need your marijuana card. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. 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. 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. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. 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. 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. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. spotlightpa.org/donate. InvestigationUnimpaired, UnemployedWorkers in Pennsylvania cant be fired for having a doctors approval for medical marijuana but once they actually use it, its a whole different story.Sept. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. 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. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . Moyer said he had a medical marijuana card at the time. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 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. PaulaTexas patient. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. 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. 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. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. Random Testing 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. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. What do I need for my appointment? But he didnt want to stop using cannabis to treat his pain. What About Medications? 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. 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. And it seems like were not. Will I get a job if I test positive and fail a medical marijuana drug test? Christopher Baxter It also prohibits patients from participating in certain high-risk activities while using medical . 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. Editor in Chief. Buy marijuana from cannabis dispensaries in the State of Virginia. And what are the limitations? 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. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Still, he worries the company could find another reason to drug test him. Pennsylvanias law does not require employers to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. And, whats more, employers are able to discipline you for using medical marijuana in the workplace, or for being under the influence of the drug if your conduct falls below the standard of care normally accepted for your position. 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.