So employers and employees are both left with a lot of ambiguity.. We shouldnt be limited. 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. How long after gettin job i have to do drug test. 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. of Health and talked to workers at various . Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. 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. 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. Is there a standard definition of impairment for cannabis? Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 foundations and readers like you 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. Many have been settled before a judge could rule on the merits of the case. PaulaTexas patient. Our journalism is produced to serve the public interest not profit motives. 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. Get Certified by a Physician foundations and readers like you 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. 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. 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. What are your rights at work if you use medical marijuana? Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. 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. 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. While many of its neighbors are actively striving for easier access to medical marijuana, Pennsylvania is still adamant in confusing its patient community with its contradictory drug testing laws. Editor in Chief. 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. Residents of 33 states plus D.C can access medical marijuana. Depending on the laws of the state and company policy, you may be screened for pot to see if you have a positive drug test before a company offers you a job. 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. If you value this reporting, please give a gift today at 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. The protection isnt quite as robust as you might think.. 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. I hope you appreciated this article. I'm a general assignment breaking news reporter. The safety question is a complex one. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit.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. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Addressing the topic, one can be drug tested even with a medical marijuana card. 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. 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. Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. But he didnt want to stop using cannabis to treat his pain. 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. Im in boston do they drug test for marijuanna. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. I am sorry but as of now, you no longer work for us.. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 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. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. This excludes testing of employees in positions with federal drug-testing requirements. And it seems like were not. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. plus a daily puzzle. They are being forced to choose between their jobs and their medicine. 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. The medical marijuana users will soon be driving with the marijuana metabolites . In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. The criteria usually include being a resident of the state and having a qualifying condition. It varies. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. Find a Drug Test Location. 1. Marijuana is still illegal at the federal level, which can create additional complications for some industries. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. How long is marijuana use detectable in a drug test? 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. Read Later. 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. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at people, places, and food of Pa. every Friday, plus events, guides, National Conference of State Legislatures. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. 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. Usually clinics are busy and impersonal, but everyone was so nice! Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Yes for full time. Still, he worries the company could find another reason to drug test him. 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. Jack Lehr Electric declined to comment for this story, through an attorney. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 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. After the first visit, you will only need your marijuana card. Medical marijuana use in the workplace can be a complicated legal maze. Asked June 14, 2017. . 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. In some cases, employees alleged they were punished without even undergoing a drug test. 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. 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 fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. 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. So having a marijuana card is the only way to get legal access to medical marijuana until then. The information provided here does not . 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. The tests dont tell you whether an employee was impaired at work. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. for Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. How to become a caregiver in PA? Spotlight PA relies on funding from Will I get a job if I test positive and fail a medical marijuana drug test? 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.. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Pre-Employment Urine Test as a Med Card Holder. Often this term is used in the context of drivers who pose a safety risk. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. So, what are your rights as a medical marijuana patient when it comes to employment? All of those laws include exceptions if federal laws or rules require drug testing. I felt that we were protected. It limits your ability to manage your medical condition.. Some states have expanded protections for workers who use marijuana on their own time. 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. 2022But the fight still wasnt over.His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. 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. Has your Pennsylvania employer or prospective employer asked you to take a drug test? An Allentown company fired a warehouse worker after he tested positive for marijuana use. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. What to bring to a DOT physical; This is, however, based on the law in the state at that time. 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 company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.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.For the more than 400,000 medical marijuana patients in the state, the stakes are high. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. spotlightpa.org/donate. Does wegmans drug test part time 15 year olds? A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. Thats all true for employees of private companies, . The card is generally valid for one year and can be renewed. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. Security officials will check your marijuana card before allowing you in. 1. 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. 2022Pennsylvania Department of Health, July 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. 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. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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. "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 This is because state laws may define a drug. 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. Without a valid DOT medical card, you can lose your CDL. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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 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.