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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. In most states, your employer is required to provide you with a copy of your drug test results, at this time you can challenge these results by way of retest or explanation. Can You Pass a Drug Test with a Medical Card? The Answer Here Has your Pennsylvania employer or prospective employer asked you to take a drug test? 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. 1. Refusals to submit to a drug or alcohol test are defined in 382.107. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. Pre-Employment Urine Test as a Med Card Holder Guide to Getting a Pennsylvania Medical Marijuana Card | RISE Asked June 14, 2017. . Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 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. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. 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. Youve been reading our work. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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. The use and sale of marijuana is completely illegal. Employee Drug Testing | MedExpress Urgent Care It should be more clear, Moyer told Spotlight PA. A lot of people dont know. Its possible, depending on the job, Auerbach says. New Cannabis Rules for Employers Pennsylvania and New Jersey Employers But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From Some places have found a way to reduce uncertainty. 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. But there is no similar national standard for drugged driving.In August 2020, Clark sent an email to the owner and president of the company, Shannon Snare, asking about the workplace policy for medical marijuana.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.Snare told him she was checking with her attorney and would get back to him.Unfortunately, we cannot allow you to flag for us, Snare wrote the next day.Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. Does a Medical Marijuana Card Affect Employment? - Heally Since Pennsylvania's Medical Marijuana Act (MMA) was signed into law on April 17, 2016, the Department of Health has been busy implementing the Medical Marijuana Program. 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. 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. 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. 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. Often this term is used in the context of drivers who pose a safety risk. Thats all true for employees of private companies, . 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. I have quit smoking in the meantime just in case, but it will . Can Doctors, Nurses Smoke Marijuana? (License FAQ) - Chudnovsky Law 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.. 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. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. And what are the limitations? 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private 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. 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. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. who are committed to accountability journalism that gets results. 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. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Still, the future of the legislation is unclear. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. In many cases, using medical marijuana while on the job is at the discretion of your employer. Can I be Fired for Using Medical Marijuana? - Sidney Gold & Assoc. LLC journalism every Thursday, plus a weekly riddle. 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. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. 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. The medical marijuana users will soon be driving with the marijuana metabolites . 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. 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. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. 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. What are your rights at work if you use medical marijuana? Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. The bill passed out of committee on a party-line vote with all Republicans in favor. People want jobs, not lawsuits, Auerbach says. Drug and Alcohol Testing - PA.Gov Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. Now join thousands of your friends and neighbors in supporting it. Pre-Employment Urine Test as a Med Card Holder. Editor in Chief. 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. Medical marijuana use in the workplace can be a complicated legal maze. Most MMJ programs also have a minimum age limit of 21. 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.