I'm a general assignment breaking news reporter. 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. 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). Moyer said he had a medical marijuana card at the time. 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. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. What do I do once a doctor issues my certification? Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. And it seems like were not. Most MMJ programs also have a minimum age limit of 21. The tests dont tell you whether an employee was impaired at work. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. best-of, and more. Office of Drug & Alcohol Policy & Compliance. 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. 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. I am anticipating a job offer from P/enelec aka F/irst E/nergy as a DSO (distribution system operator) and they have a strict no drug/alcohol policy with a pre-employment drug test as well as random drug tests periodically. They are being forced to choose between their jobs and their medicine. 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. 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. No. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. But restrictions on other workers such as those working at heights or in confined spaces are more vague. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. During your first visit to a weed dispensary in Pennsylvania, you'll need to have your Pennsylvania state ID or driver's license and medical marijuana card. 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. We still have the right to earn a living.. Unsurprisingly, the employee tested positive for . The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. 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. Video. I am sorry but as of now, you no longer work for us.. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Yes for full time. Urgent Care. 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. We shouldnt be limited. 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. Although Pennsylvania employers cannot take action against employees because they . 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. 1. So, what are your rights as a medical marijuana patient when it comes to employment? Im in boston do they drug test for marijuanna. It improves my mood.. 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. For more information about medical marijuana and drug testing, contact 610-738-2450. An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it. Some states allow employers to kick against medical marijuana for safety. I feel like I have a target on my back, Douglas told Spotlight PA in June. You usually have to pay a fee to get this card. But what about work? 3. 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. 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 legal basis for CDL and CDL drug testing is provided by 49 CFR 383. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. Does wegmans drug test part time 15 year olds? 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. 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. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. for General DQ Questions Medical Exams Audits. 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. 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. I felt that we were protected. What do I need for my appointment? While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. So having a marijuana card is the only way to get legal access to medical marijuana until then. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. We still have the right to earn a living.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.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.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.Employers cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.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. To register for the medical marijuana program, you must have a Pennsylvania driver's license or an ID card issued by the Pennsylvania Department of Transportation. Christopher Baxter Will you do your part today by making a contribution? Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Currently we've seen DOT physicals charged anywhere between $50 and $300. What are your rights at work if you use medical 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., Mensch 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. 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 Without a valid DOT medical card, you can lose your CDL. 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. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. 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. I hope you appreciated this article. 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. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. 5 min. The Investigator (Weekly): Best accountability But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. 2022Pennsylvania Department of Health, August That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. Answered October 5, 2018. Asked October 5, 2018. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. 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. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. This article and all of our journalism are available to you at no cost thanks to our supporters. How long after gettin job i have to do drug test. 2022Pennsylvania Department of Health, July Those protections apply to things like preemployment and random drug testing, meaning that you cant be denied a job or, in most cases, fired from one you already have if you fail a drug test for marijuana, says Narberth-based employment attorney Steven Auerbach. 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. 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 The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. 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. 2022Pennsylvania Department of Health, July Fast and Simple. Addressing the topic, one can be drug tested even with a medical marijuana card. How do you get your medical marijuana card in PA? 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. Here is more information on getting a driver's license or ID card in Pennsylvania. An Allentown company fired a warehouse worker after he tested positive for marijuana use. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. 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. 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. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. Its possible, depending on the job, Auerbach says. And what are the limitations? They said he was told he could return to work in a position that would not require him to operate power equipment.. So employers and employees are both left with a lot of ambiguity.. They can potentially discipline you for that.. . For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. Ordinarily, that law would require an employer to make a reasonable accommodation for a person with a disability but because marijuana is federally illegal, Gullen notes, the ADA wouldnt apply. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. Things are less clear cut if you have a felony conviction, however. Saliva tests can detect cannabis for approximately 24 hours after use. Will you do your part today by making a contribution? 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. The regulation found at 49 CFR 383 implements the 1991 Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. Still, he worries the company could find another reason to drug test him. After the first visit, you will only need your marijuana card. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. Currently, federal law still issues severe penalties for the use of medical marijuana. 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. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. This SeriesRare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. 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. Those include: Work performed at heights or in confined spaces, (such as mining). Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. 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. Christopher Baxter It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. This is because state laws may define a drug. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. spotlightpa.org/donate. . That section states: You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. 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. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. Arkansas does not provide protection to medical marijuana patients from employee drug testing. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. 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. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. 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. 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. The tests dont tell you whether an employee was impaired at work.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. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. 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. Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). The lack of clarity is frustrating for employers too. Contact Us. 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. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. Report. 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. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Usually clinics are busy and impersonal, but everyone was so nice! Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment Everyone deserves access to the facts. 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. The bill passed out of committee on a party-line vote with all Republicans in favor. Because in theory, this should be protected under HIPAA laws. I have quit smoking in the meantime just in case, but it will . Some states have expanded protections for workers who use marijuana on their own time. 1-877-564-2333 contact form J. J. Keller. Tasks that the employer deems life-threatening, to you personally or to any other employees. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Many have been settled before a judge could rule on the merits of the case. The passage of this bill is a thrilling success for patients and families who will benefit from this treatment, as well as for advocates and members of the House and Senate who have fought tirelessly for this cause for . Marijuana is still illegal at the federal level, which can create additional complications for some industries. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained.