Medical marijuana use in the workplace can be a complicated legal maze. They think they have a card and they are protected, like I did.. This is because state laws may define a drug. Many have been settled before a judge could rule on the merits of the case. And it seems like were not. 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. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. 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. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job., I have had firefighters tell me that its changed their life dramatically, Leech said. . 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.. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. journalism every Thursday, plus a weekly riddle. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. I gotba med card. PaulaTexas patient. We have no billionaire owner or shareholders to consider. Declaring a Drug Test Positive: Who Has Final Say on 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.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. How long does marijuana stay in your system? Blood, urine, and hair How to become a caregiver in PA? Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. Spotlight PA is different. What to bring to a DOT physical; The Investigator (Weekly): Best accountability 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 fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. So having a marijuana card is the only way to get legal access to medical marijuana until then. 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. 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. Because in theory, this should be protected under HIPAA laws. Ohio Valley Society for Adolescent Medicine. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. In Palmiter v. 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. 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. 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 . Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From 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. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. 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. Pennsylvania Ripe For Cannabis Progress in 2023 Christopher Baxter I am sorry but as of now, you no longer work for us.. 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, 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. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. Jack Lehr Electric declined to comment for this story, through an attorney. Get Pennsylvania Medical Marijuana Card With My MMJ Doctor But he didnt want to stop using cannabis to treat his pain. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. What Happens If You Fail a Drug Test But Have a Prescription Answer See 3 answers. I feel like I have a target on my back, Douglas told Spotlight PA in June. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at PA Local (Weekly): A fresh look at the incredible best-of, and more. Pros & Cons Of Getting A Medical Card 2023: Benefits & Downsides What do I need for my appointment? A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. 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. 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. 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 worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. 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. Without a valid DOT medical card, you can lose your CDL. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. Now join thousands of your friends and neighbors in supporting it.With gratitude, Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. What do I do once a doctor issues my certification? Guide to Getting a Pennsylvania Medical Marijuana Card | RISE Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. Pennsylvanias medical marijuana law doesnt define impairment. 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. 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. 1-877-564-2333 contact form J. J. Keller. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. 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. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 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 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. Leise Hook You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. All of those laws include exceptions if federal laws or rules require drug testing. The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. Fast and Simple. 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.