What are the qualifying conditions in PA? 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). He was demoted from that job to one that paid almost half, according to the lawsuit. Its possible, depending on the job, Auerbach says. 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. You'll need a driver's license or state-issued photo ID, and to be 18 years old. plus a daily puzzle. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. The tests dont tell you whether an employee was impaired at work. 3. 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. Can I Get Fired for Using Medical Marijuana if I Have a Missouri 3,515 views 3 comments Office of Drug & Alcohol Policy & Compliance. The Pennsylvania Drug Testing Laws - What Will Happen to My Job? Tasks that the employer deems life-threatening, to you personally or to any other employees. 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. by Suzanne Sentman, SPHR on April 13, 2018. 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. 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. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. 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. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. 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. 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. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. 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.. Is there a standard definition of impairment for cannabis? 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. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. The card is generally valid for one year and can be renewed. They think they have a card and they are protected, like I did.. DOCX Drug Free Workplace PA (DFWPA) 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. 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. Although a standard drug test isn't conducted during DOT physicals, the medical examiner will review your current medications with you - including those you take for diabetes, heart disease, neurological conditions, mental health conditions or recent surgeries. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. 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. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). 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. Guide to Getting a Pennsylvania Medical Marijuana Card | RISE 1-877-564-2333 contact form J. J. Keller. Medical marijuana use in the workplace can be a complicated legal maze. By Mail: PennDOT Bureau of Driver Licensing P.O. What do I do once a doctor issues my certification? Can You Be Drug Tested If You Have a Medical Marijuana Card? 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.. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. In many cases, using medical marijuana while on the job is at the discretion of your employer. The information provided here does not . Pre-Employment Urine Test as a Med Card Holder However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. If your policy requires preemployment drug testing, then conduct the test. This is, however, based on the law in the state at that time. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. Will I get a job if I test positive and fail a medical marijuana drug test? Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . Ed MahonSpotlight PAIllustrations by 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. 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. Questions and Answers about Wegmans Food Markets Drug Test Those include: Work performed at heights or in confined spaces, (such as mining). DOT "Medical Marijuana" Notice | US Department of Transportation Will a Medical Marijuana Card Show Up on a Background - Secure Thoughts How long does marijuana stay in your system? Blood, urine, and hair 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. 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. 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. Workplace Drug Testing in Pennsylvania | Nolo Medical Marijuana Card| Cannabis Care Consultants | Pennsylvania Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. If you value this reporting, please give a gift today at Medical Marijuana in the Workplace: What Are Your Rights in Pennsylvania? Can You Have a CDL and a Medical Marijuana Card? - Leafwell Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. "When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient." "Nothing in ORS 475.300 to 475.346 shall be construed to require An employer to accommodate the medical use of marijuana in any workplace." Pennsylvania 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.. Can You Use Your Medical Marijuana Card in Another State? Losing a job over a positive drug test can put unemployment benefits at risk. I'm a general assignment breaking news reporter. And what are the limitations? Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Update - Medical Marijuana in the Pennsylvania Workplace You usually have to pay a fee to get this card. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. 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. Pennsylvania Drug Testing Laws 2022 - Uritox, LLC How long are people impaired from cannabis? How long is marijuana use detectable in a drug test? 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. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. This article and all of our journalism are available to you at no cost thanks to our supporters. Pre-Employment Urine Test as a Med Card Holder 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. (Medical card only, not the long form.) 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. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users.