But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Some places have found a way to reduce uncertainty. It also prohibits patients from participating in certain high-risk activities while using medical . What are your rights as a medical marijuana patient when it comes to employment? It varies. 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 2022Pennsylvania Department of Health, July Youve been reading our work. 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. But what about work? 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. Now join thousands of your friends and neighbors in supporting it.With gratitude, State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. Conclusion. Asked June 14, 2017. . Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. . But he didnt want to stop using cannabis to treat his pain. journalism every Thursday, plus a weekly riddle. Office of Drug & Alcohol Policy & Compliance. Unfortunately, the answer is yes, they can. Here is more information on getting a driver's license or ID card in Pennsylvania. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. 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 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.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. by Suzanne Sentman, SPHR on April 13, 2018. 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. 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. If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. Also, employee protection laws vary by state. Always be aware of your state laws concerning drug testing for employers and job applicants. From the legalization of recreational use to expanding medical marijuana access, lowering penalties for possession, allowing home cultivation, and establishing a taxation and regulation system for the marijuana industry, these changes could have significant implications . But restrictions on other workers such as those working at heights or in confined spaces are more vague. We have no billionaire owner or shareholders to consider.Our journalism is produced to serve the public interest not profit motives.Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. And what are the limitations? Things are less clear cut if you have a felony conviction, however. 1200 New Jersey Ave, SE Washington, DC 20590 United States. After the first visit, you will only need your marijuana card. foundations and readers like you 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. Marijuana is still illegal at the federal level, which can create additional complications for some industries. 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. 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. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. And some states offer stronger protections. And what are the limitations? 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 . After employees lose their job, they can run into other problems. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Now join thousands of your friends and neighbors in supporting it. As a special bonus, all new monthly gifts made today will be matched as 12X their value thanks to the generosity of the Lenfest Institute for Journalism. Thats all true for employees of private companies, . In Delaware, MedExpress is referred to as MedExpress Walk-In Care. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . With gratitude, Will you do your part today by making a contribution? 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. 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. Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. 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 tests dont tell you whether an employee was impaired at work. marijuana card at the time of the positive drug . Department of Veterans Affairs Policy on Medical Marijuana 3. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment Be extra careful if applicants state they have a medical marijuana card. Christopher Baxter Currently we've seen DOT physicals charged anywhere between $50 and $300. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.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.For the more than 400,000 medical marijuana patients in the state, the stakes are high. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. 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. Because in theory, this should be protected under HIPAA laws. 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. 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. 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. 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. Editor in Chief. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. The Investigator (Weekly): Best accountability Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 The use and sale of marijuana is completely illegal. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. People want jobs, not lawsuits, Auerbach says. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). 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. Physicians for Reproductive Choice and Health (PRCH) To order more cards or if you have any questions or comments, please contact the Clara Bell Duvall Reproductive Freedom Project, ACLU-PA at 215.592.1513 x115 or email duvall@aclupa.org. I felt that we were protected. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. In many cases, using medical marijuana while on the job is at the discretion of your employer. Gun Owners Do Not Qualify for Medical Marijuana 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. 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. 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. 14, 2022by 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. 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. 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. 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. 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. 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. Will you do your part today by making a contribution? 5 min. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. Even if you can file a lawsuit, keep in mind that it takes time up to 18 months, in Auerbachs estimation before a judge could possibly rule in your favor. spotlightpa.org/donate. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. Some saliva tests have detected . 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. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. Leise Hook Many have been settled before a judge could rule on the merits of the case. This excludes testing of employees in positions with federal drug-testing requirements. To get medical marijuana in Pennsylvania, patients have to register through the medical marijuana registry, be certified by a physician, pay for their medical marijuana ID card, and obtain their medication from approved dispensaries across the state. They can potentially discipline you for that.. 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. 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. 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. Immigration Physicals. 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. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. 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 legal basis for CDL and CDL drug testing is provided by 49 CFR 383. best-of, and more. Refusals to submit to a drug or alcohol test are defined in 382.107. 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.. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. You usually have to pay a fee to get this card. The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. 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. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Asked October 5, 2018. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. Pennsylvanias medical marijuana law doesnt define impairment. 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. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). We have no billionaire owner or shareholders to consider. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. Christopher Baxter This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. 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.New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees.New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty.All of those laws include exceptions if federal laws or rules require drug testing.Sources (in order)Arizona statutesDelaware codeMinnesota statutesNew York State Department of Labor guidanceNew Jersey Office of the Attorney General; New Jersey statutesCalifornia chapter of the National Organization for the Reform of Marijuana LawsIn 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty.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.Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement.
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