Losing a job over a positive drug test can put unemployment benefits at risk. 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. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. 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. Medical marijuana patient reciprocity in the United States is currently allowed in Arizona , Arkansas, Hawaii, Maine, Michigan, Nevada, New Hampshire, New Mexico, Oklahoma, Puerto Rico, Rhode Island, Utah, and Washington DC. The bill passed out of committee on a party-line vote with all Republicans in favor. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. 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. 5 min. However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. 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. To be on the safe side, they cannot be using marijuana at work or be under the influence while at work. 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. That section states: The medical marijuana users will soon be driving with the marijuana metabolites . Because in theory, this should be protected under HIPAA laws. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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 cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings. The application process takes about 7 to 10 days on average. 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. Often this term is used in the context of drivers who pose a safety risk. But he didnt want to stop using marijuana. Those include: Work performed at heights or in confined spaces, (such as mining). This is, however, based on the law in the state at that time. 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. 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. 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. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. 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. It is, therefore . Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. You usually have to pay a fee to get this card. Most MMJ programs also have a minimum age limit of 21. Jack Lehr Electric declined to comment for this story, through an attorney. After employees lose their job, they can run into other problems. 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.. Pennsylvanias medical marijuana law doesnt define impairment. 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 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. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. How do I register with the department of health? 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. 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. Gullen adds that if youre applying for a job that you know does drug testing, you may want to be up front about your status, and be able to provide supporting documentation. How long after gettin job i have to do drug test. report from the National Institute on Drug Abuse. Immigration Physicals. Fast and Simple. If you value this reporting, please give a gift today at Answer See 3 answers. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. PA Local (Weekly): A fresh look at the incredible 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. 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. 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. 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 for 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). Clark later found a job at another business. 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. PaulaTexas patient. 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. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. 2022, 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. 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 main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). Now join thousands of your friends and neighbors in supporting it. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. So, what are your rights as a medical marijuana patient when it comes to employment? Currently we've seen DOT physicals charged anywhere between $50 and $300. 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. 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. Pre-Employment Urine Test as a Med Card Holder. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. 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. Ohio Valley Society for Adolescent Medicine. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. Christopher Baxter Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, Here is more information on getting a driver's license or ID card in Pennsylvania.
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