If you value this reporting, please give a gift today at So, what are your rights as a medical marijuana patient when it comes to employment? If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. 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. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. You usually have to pay a fee to get this card. For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. And it also enables us to share that work with more than 90 newsroom partners in your community and communities across the state at no charge. (Medical card only, not the long form.) 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. 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. 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. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Because in theory, this should be protected under HIPAA laws. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. plus a daily puzzle. 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.. 3. 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. Pre-Employment Urine Test as a Med Card Holder. Unfortunately, the answer is yes, they can. In court filings, attorneys for the unemployment board disputed both claims and argued there is no credible evidence that Claimants use of medical marijuana created a safety hazard for anyone.. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. 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. 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. Now join thousands of your friends and neighbors in supporting it.With gratitude, 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. Always be aware of your state laws concerning drug testing for employers and job applicants. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. I feel like I have a target on my back, Douglas told Spotlight PA in June. . Jack Lehr Electric declined to comment for this story, through an attorney. National Conference of State Legislatures. Marijuana is still illegal at the federal level, which can create additional complications for some industries. Youve been reading our work. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. What are your rights at work if you use medical marijuana? [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. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. Vaccinations. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. In many cases, using medical marijuana while on the job is at the discretion of your employer. 3,515 views 3 comments Its possible, depending on the job, Auerbach says. 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. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 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. 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. 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. Contact Us. 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. 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. 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. Clark later found a job at another business. Its complicated. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. This excludes testing of employees in positions with federal drug-testing requirements. 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. Often this term is used in the context of drivers who pose a safety risk. DOT drug and alcohol tests include: Pre-employment - An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. While many of its neighbors are actively striving for easier access to medical marijuana, Pennsylvania is still adamant in confusing its patient community with its contradictory drug testing laws. What to bring to a DOT physical; Still, he worries the company could find another reason to drug test him. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. 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. But he didnt want to stop using marijuana. 1. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. 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. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Leise Hook Urgent Care. An Allentown company fired a warehouse worker after he tested positive for marijuana use. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Video. Many have been settled before a judge could rule on the merits of the case. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). And it seems like were not. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it. Most MMJ programs also have a minimum age limit of 21. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. For more information about medical marijuana and drug testing, contact 610-738-2450. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. Also, employee protection laws vary by state. What are your rights as a medical marijuana patient when it comes to employment? Currently, he says, its not clear how courts would react to such a lawsuit, so public employees may be left in the lurch when it comes to medical marijuana employment protections. 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. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. 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.

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