Editor in Chief. Drug and Alcohol Testing - PA.Gov 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. 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. The governor will sign the bill on Sunday. And it seems like were not. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. PACE Program - Pennsylvania Department of Aging . 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. Although Pennsylvania employers cannot take action against employees because they . A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. 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. I gotba med card. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Show moreMedical Marijuana in PA, By the numbers$3.4 billion in sales by dispensaries414,446 active patient certifications1,830 approved practitioners23 qualifying conditionsSources (in order)Pennsylvania Department of Health, July Be extra careful if applicants state they have a medical marijuana card. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. 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. It limits your ability to manage your medical condition.. But he didnt want to stop using marijuana. In some cases, employees alleged they were punished without even undergoing a drug test.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. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. 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. 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. 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. [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. How long does marijuana stay in your system? Blood, urine, and hair 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. Can You Pass A Drug Test With A Medical Marijuana Card? You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. 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 main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). 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. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. 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. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 5 min. spotlightpa.org/donate. Marijuana is still illegal at the federal level, which can create additional complications for some industries. I felt that we were protected. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. Spotlight PA is different. 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. Christopher Baxter The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA.Douglas is happy to be back in his regular job doing work he enjoys. Our journalism is produced to serve the public interest not profit motives. best-of, and more. And thats likely true even if you are using medical marijuana for something that would be considered a disability under the federal Americans with Disabilities Act. 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. 1-877-564-2333 contact form J. J. Keller. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. Reference Card: Minors' Access to Confidential Health Care in Pennsylvania Getting Medical Marijuana in Pennsylvania - PA.GOV Its possible, depending on the job, Auerbach says. 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. Practical Insights on Medical Marijuana for PA Employers - East Coast They said he was told he could return to work in a position that would not require him to operate power equipment.. 2022Pennsylvania Department of Health, July It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. 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. 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. 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. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. 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. Department of Veterans Affairs Policy on Medical Marijuana What Happens If You Fail a Drug Test But Have a Prescription In June 2021, Commonwealth Court ruled in Moyers favor, a victory in a battle he thinks he shouldnt have had to fight in the first place. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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. 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.An Allentown company fired a warehouse worker after he tested positive for marijuana use. Mississippi, which legalized medical marijuana last Wednesday after the Mississippi Medical Cannabis Act also known as Senate Bill 2095 was signed into law, also has protections that. Guide to Getting a Pennsylvania Medical Marijuana Card | RISE 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. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. Those include: Work performed at heights or in confined spaces, (such as mining). Residents of 33 states plus D.C can access medical marijuana. In Palmiter v. That section states: PA Local (Weekly): A fresh look at the incredible 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. 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 employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. 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. 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. But he didnt want to stop using marijuana. 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. 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. 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. 3. By Mail: PennDOT Bureau of Driver Licensing P.O. Jack Lehr Electric declined to comment for this story, through an attorney. Always be aware of your state laws concerning drug testing for employers and job applicants. 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. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. They are being forced to choose between their jobs and their medicine. It varies. Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. 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. Here is what you need to know. 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. Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Employers and Legal Marijuana. Marijuana Laws by State marijuana card at the time of the positive drug . The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. Absent a change in federal or state law, thats not likely to change soon. 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. 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. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. But he didnt want to stop using cannabis to treat his pain. Spotlight PA is different. So having a marijuana card is the only way to get legal access to medical marijuana until then. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. 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. 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. 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. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. The information provided here does not . Still, the future of the legislation is unclear. 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. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. Email: ODAPCWebMail@dot.gov Phone: 202-366-3784 Alt Phone: 800-225-3784 Fax: 202-366-3897 If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. The safety question is a complex one. But what about work? Employee Prescription Medications Form Additional Resources CDL Coordinators List Employee Guide to CDL Drug and Alcohol Testing OA-Workplace Support is available to assist with any substance abuse issues and can be contacted at 717.787.8575 or ra-workplacesupportservices@pa.gov. The Pennsylvania Drug Testing Laws - What Will Happen to My Job? Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment Pennsylvania CDL and DOT Medical Card Requirements 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., Mensch 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. Everyone deserves access to the facts. The card is generally valid for one year and can be renewed. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. Can I be Fired for Using Medical Marijuana? - Sidney Gold & Assoc. LLC Currently, federal law still issues severe penalties for the use of medical marijuana. Often this term is used in the context of drivers who pose a safety risk. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). for 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. To be on the safe side, they cannot be using marijuana at work or be under the influence while at work. We have no billionaire owner or shareholders to consider. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. foundations and readers like you Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. We shouldnt be limited. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Find a Drug Test Location. 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. who are committed to accountability journalism that gets results. Your Guide to Pennsylvania Medical Marijuana Laws | Green Health Docs Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private You usually have to pay a fee to get this card. Random Testing Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Still, he worries the company could find another reason to drug test him. Pennsylvania Drug Testing Laws 2022 - Uritox, LLC My confidence is still shattered, Clark said in an interview. 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. But there is no similar national standard for drugged driving.. Pennsylvanias medical marijuana law doesnt define impairment. Self-Certification Form (DL-11CD) - download the form here from PennDOT. So employers and employees are both left with a lot of ambiguity.. Can I Get Fired for Using Medical Marijuana if I Have a Missouri 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. Medical Marijuana Card| Cannabis Care Consultants | Pennsylvania Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 A spokesperson for the Department of Labor and Industry said the agency doesnt have statistics for the number of people initially denied benefits in cases similar to Moyers.Different approachesPennsylvanias 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.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.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.