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If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Residents of 33 states plus D.C can access medical marijuana. Addressing the topic, one can be drug tested even with a medical marijuana card. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. 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 . The criteria usually include being a resident of the state and having a qualifying condition. 14, 2022by 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. But restrictions on other workers such as those working at heights or in confined spaces are more vague. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. Editor in ChiefCLICK TO CONTRIBUTE NOW ReportingEd MahonSpotlight PAemahon@spotlightpa.orgIllustrationsLeise HookSpotlight PAEditingSarah HutchinsInvestigations Editorshutchins@spotlightpa.orgFact-Checking and Copy EditingStephen KearseAssistant Editorskearse@spotlightpa.orgLayoutEthan Edward CostonSpotlight PA100% Essential ReportingSpotlight PA relies on funding from Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. 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. 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. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. 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.Different approachesPennsylvanias 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.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.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. marijuana card at the time of the positive drug . Department of Veterans Affairs Policy on Medical Marijuana Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. 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. The tests dont tell you whether an employee was impaired at work. people, places, and food of Pa. every Friday, plus events, guides, So, what are your rights as a medical marijuana patient when it comes to employment? People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. I just dont know what our policy is on it and what would happen if I was sent out for a urine, Clark wrote, referring to a drug test and adding that he didnt want anyone to be caught off guard with this.. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. 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. The information provided here does not . 2022, Pennsylvania Department of Health, August 1-877-564-2333 contact form J. J. Keller. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. And what are the limitations? 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. 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. We have no billionaire owner or shareholders to consider. best-of, and more. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. 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. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. Fast and Simple. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. 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. 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. Now join thousands of your friends and neighbors in supporting it. 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. For the more than 400,000 medical marijuana patients in the state, the stakes are high. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. 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. 2022Pennsylvania Department of Health, July 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. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. A medical marijuana card, also known as a medical cannabis card, is an ID card issued by your state or country, with your doctor's recommendation, permitting you to cultivate, possess, and obtain cannabis for medicinal purposes. Pre-Employment Urine Test as a Med Card Holder. And unlike with the ADA and PHRA, there is no employee threshold, so even companies with only a couple of employees are subject to lawsuits if they violate its provisions. And what are the limitations? 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. 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. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. 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. They can potentially discipline you for that.. 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. 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. But he didnt want to stop using cannabis to treat his pain. So having a marijuana card is the only way to get legal access to medical marijuana until then. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. Youve been reading our work. General DQ Questions Medical Exams Audits. This article and all of our journalism are available to you at no cost thanks to our supporters. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. 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. 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. They are being forced to choose between their jobs and their medicine. We still have the right to earn a living.. 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.Youve been reading our work.