Currently, federal law still issues severe penalties for the use of medical marijuana. 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. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. Its possible, depending on the job, Auerbach says. 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. But restrictions on other workers such as those working at heights or in confined spaces are more vague.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.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.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 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. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. What to bring to a DOT physical; But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. In many cases, using medical marijuana while on the job is at the discretion of your employer. Steven Auerbach, JD, Narberth-based employment attorney. 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 Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. 1. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. foundations and readers like you New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. 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. Often this term is used in the context of drivers who pose a safety risk. Can You Be Drug Tested If You Have a Medical Marijuana Card? 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. Workplace Drug Testing in Pennsylvania | Nolo 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 Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. 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 . And what are the limitations? A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. 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. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 Get Certified by a Physician In Pennsylvania, New Jersey, and many other states, failing a drug test with a medical marijuana card does not guarantee any sort of action against you. DOT Physicals: Do They Include a Drug Test? - Foley BLOG: What You Need to Know About Medical Marijuana in Pennsylvania 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. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. DOT "Medical Marijuana" Notice | US Department of Transportation 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. Youve been reading our work. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Rare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cards, Health officials in Pa. face scrutiny over weak oversight of medical marijuana doctors, A behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certifications, How anxiety came to dominate the big business of medical marijuana cards in Pennsylvania, Pa. Department of Health sues to keep medical marijuana program data secret. 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.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. Answer See 3 answers. 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. 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. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. Asked June 14, 2017. . Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): Currently we've seen DOT physicals charged anywhere between $50 and $300. 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. 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. And some states offer stronger protections. DOCX Drug Free Workplace PA (DFWPA) for 2022, Pennsylvania Department of Health, August Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! 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. 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. Christopher Baxter Some states have expanded protections for workers who use marijuana on their own time. 5 min. But restrictions on other workers such as those working at heights or in confined spaces are more vague. How to become a caregiver in PA? Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. In Palmiter v. The application process takes about 7 to 10 days on average. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. The employee handbook available on the ODAPC Web site provides examples of conduct that the regulations define as refusing a test ( 49 CFR Part 40 Subpart I and Subpart N) and what happens if you test positive, refuse a test, or violate FMCSA regulations. PaulaTexas patient. Answered October 5, 2018. Most MMJ programs also have a minimum age limit of 21. 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. 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. Contest the punishment. We shouldnt be limited. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. The program works with Medicare Part D plans and other prescription drug plans such as retiree/union coverage, employer plans, Medicare Advantage (HMO, PPO) and Veterans' Benefits (VA) to lower out-of-pocket costs for medications. Your Guide to Pennsylvania Medical Marijuana Laws | Green Health Docs For more information about medical marijuana and drug testing, contact 610-738-2450. Security officials will check your marijuana card before allowing you in. Depending on how valuable you are to . A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. 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 . The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. The Department of Transportation's Drug and Alcohol Testing Regulation - 49 CFR Part 40, at 40.151 (e) - does not authorize "medical marijuana" under a state law to be a valid medical explanation for a transportation employee's positive drug test result. spotlightpa.org/donate. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. It also prohibits patients from participating in certain high-risk activities while using medical . This excludes testing of employees in positions with federal drug-testing requirements. 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.. Can You Pass A Drug Test With A Medical Marijuana Card? The card is generally valid for one year and can be renewed. Employers and Legal Marijuana. Marijuana Laws by State Medical Marijuana Card| Cannabis Care Consultants | Pennsylvania 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. An Allentown company fired a warehouse worker after he tested positive for marijuana use. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Those include: Work performed at heights or in confined spaces, (such as mining). 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. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. So employers and employees are both left with a lot of ambiguity.. 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. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. Get Pennsylvania Medical Marijuana Card With My MMJ Doctor Tasks that the employer deems life-threatening, to you personally or to any other employees. However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. Practical Insights on Medical Marijuana for PA Employers - East Coast 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. Yes for full time. To be on the safe side, they cannot be using marijuana at work or be under the influence while at work. Will I get a job if I test positive and fail a medical marijuana drug test? The protection isnt quite as robust as you might think.. Department of Veterans Affairs Policy on Medical Marijuana All of those laws include exceptions if federal laws or rules require drug testing. foundations and readers like you 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. 2022Pennsylvania Department of Health, July No. The medical marijuana users will soon be driving with the marijuana metabolites . New Cannabis Rules for Employers Pennsylvania and New Jersey Employers Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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., Pennsylvania Department of Health, July The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. 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. Losing a job over a positive drug test can put unemployment benefits at risk. Gun Owners Do Not Qualify for Medical Marijuana VA Policy On Medical Marijuana & Veterans - Military Benefits I felt that we were protected. 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. Because in theory, this should be protected under HIPAA laws. But what about work? If you value this reporting, please give a gift today at Things are less clear cut if you have a felony conviction, however. But he didnt want to stop using marijuana. 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. Pennsylvania Drug Testing Laws 2022 - Uritox, LLC Jack Lehr Electric declined to comment for this story, through an attorney. 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.It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA.Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. Spotlight PA is different. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. 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. Getting Medical Marijuana in Pennsylvania - PA.GOV Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. This is, however, based on the law in the state at that time. . 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. He was demoted from that job to one that paid almost half, according to the lawsuit. Pennsylvania Court: Medical Marijuana Act Allows Employees to - SHRM The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. But that, Gullen says, is an unsettled area of the law. Auerbach says that filing a claim under the ADA or PHRA mostly depends on whether your employer knows what your disability is not just whether they know youre a medical marijuana patient so it can get complicated. Can You Have a CDL and a Medical Marijuana Card? - Leafwell Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. They are being forced to choose between their jobs and their medicine. 2022But the fight still wasnt over.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. Auerbach advises that you shouldnt lie about it, but if theres any reason to avoid telling them, dont go out of your way to tell them.. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. 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. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Frequently Asked Questions About Medical Marijuana in Virginia Ed MahonSpotlight PAIllustrations by 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. Has your Pennsylvania employer or prospective employer asked you to take a drug 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.). 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 . But he didnt want to stop using cannabis to treat his pain. 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. Can I Get Fired for Using Medical Marijuana if I Have a Missouri 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. 2022Pennsylvania Department of Health, August 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. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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 he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . 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. What are your rights as a medical marijuana patient when it comes to employment? 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. 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.. Unfortunately, the answer is yes, they can. Fast and Simple. 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. Urgent Care. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. What Happens If You Fail a Drug Test But Have a Prescription 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. Still, the future of the legislation is unclear. Some places have found a way to reduce uncertainty. In some cases, employees alleged they were punished without even undergoing a drug test. 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. 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. I'm a general assignment breaking news reporter. 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.