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. Pre-Employment Urine Test as a Med Card Holder. Get Certified by a Physician 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss 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. 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. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. After the first visit, you will only need your marijuana card. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. 1. I felt that we were protected. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. How do you get your medical marijuana card in PA? I've called the PA Dept. This is, however, based on the law in the state at that time. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment 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 what about work? It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. 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. 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. 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. 1200 New Jersey Ave, SE Washington, DC 20590 United States. 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. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Here is more information on getting a driver's license or ID card in Pennsylvania. 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. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): No. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. 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. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. 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. The lack of clarity is frustrating for employers too. 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. For more information about medical marijuana and drug testing, contact 610-738-2450. 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. Gun Owners Do Not Qualify for Medical Marijuana But he didnt want to stop using cannabis to treat his pain. If you are fired or refused a job because of your status as a medical marijuana patient, in many cases, you can file a lawsuit. That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups. 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. Christopher Baxter But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. Vague legal safeguards for medical marijuana users in Pennsylvania are forcing patients to choose between their job and a drug they say has changed their life, and leaving skittish employers vulnerable to lawsuits, according to a three-month Spotlight PA investigation.While state law protects workers from being fired or denied a job just for having a doctors permission to use marijuana, those protections become opaque when people actually take the drug regardless of whether they do it in their personal time. 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. The information provided here does not . 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. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. Report. All of those laws include exceptions if federal laws or rules require drug testing. 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. Still, the future of the legislation is unclear. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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. PaulaTexas patient. Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis.How long are people impaired from cannabis?That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups.Is there a standard definition of impairment for cannabis?No. people, places, and food of Pa. every Friday, plus events, guides, 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. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Those include: Work performed at heights or in confined spaces, (such as mining). 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. Editor in Chief. Its complicated. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. With gratitude, The new FMCSA Medical Examination Forms (2016) and reporting system have increased administrative work and time for medical examiners, and costs for the DOT physical exam are rising accordingly. 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. Before a drug test is verified as positive, a medical review officer (MRO) must first ask the individual whether he/she has a legitimate medical reason for testing positive. What About Medications? Unsurprisingly, the employee tested positive for . When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. Leise Hook In some cases, employees alleged they were punished without even undergoing a drug test. But he didnt want to stop using marijuana. Will I get a job if I test positive and fail a medical marijuana drug test? who are committed to accountability journalism that gets results. Department of Veterans Affairs Policy on Medical Marijuana 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. 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.An Allentown company fired a warehouse worker after he tested positive for marijuana use. Answered October 5, 2018. 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. 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. 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 . who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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. We shouldnt be limited. While non-safety-sensitive workers can rely on significant employment protections thanks to the Oklahoma Medical Marijuana and Patient Protection Act, the bill doesn't prevent employers from enacting drug testing policies in their workplaces, even for those with valid medical marijuana licenses. 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 governor will sign the bill on Sunday. 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. 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. 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. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! 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 . But he didnt want to stop using marijuana. Always be aware of your state laws concerning drug testing for employers and job applicants. Asked June 14, 2017. . They can potentially discipline you for that.. I gotba med card. They think they have a card and they are protected, like I did.Jack Lehr Electric declined to comment for this story, through an attorney. Its possible, depending on the job, Auerbach says. Youve been reading our 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. I have quit smoking in the meantime just in case, but it will . Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 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. What to bring to a DOT physical; Thats all true for employees of private companies, . Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. Here is what you need to know. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. 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. Currently we've seen DOT physicals charged anywhere between $50 and $300. 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. Does wegmans drug test part time 15 year olds? Be extra careful if applicants state they have a medical marijuana card. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position.I feel like I have a target on my back, Douglas told Spotlight PA in June.A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies.PGWs first responsibility is always the safety of our employees, customers, and communities across the City of Philadelphia and ensuring safety throughout all our operations, spokesperson Richard Barnes said in an email.Asking for clarityAttorneys 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.That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. How do I register with the department of health? But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. In 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. 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. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Spotlight PA relies on funding from What do I do once a doctor issues my certification? 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. Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. It improves my mood.. Do I need a referral from a marijuana doctor in PA? Snare told him she was checking with her attorney and would get back to him. 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. Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. Is there a standard definition of impairment for cannabis? You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Some states have expanded protections for workers who use marijuana on their own time. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. 2022Pennsylvania Department of Health, July And it seems like were not. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. Some saliva tests have detected . 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.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.A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.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. Ohio Valley Society for Adolescent Medicine. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users. Will you do your part today by making a contribution? 2022Pennsylvania Department of Health, August Still, he worries the company could find another reason to drug test him. And what are the limitations? Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. 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. Use of medical marijuana is probably not a "legitimate medical reason" for testing positive for marijuana on a drug test; thus, the test will be deemed positive.