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. 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. 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 Asked June 14, 2017. . marijuana card at the time of the positive drug . 2022Pennsylvania Department of Health, July This excludes testing of employees in positions with federal drug-testing requirements. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. General DQ Questions Medical Exams Audits. It limits your ability to manage your medical condition.. 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. Does wegmans drug test part time 15 year olds? I feel like I have a target on my back, Douglas told Spotlight PA in June. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. Most MMJ programs also have a minimum age limit of 21. Will you do your part today by making a contribution? Get Certified by a Physician They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. 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. How long is marijuana use detectable in a drug test? Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Ed MahonSpotlight PAIllustrations by spotlightpa.org/donate. 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. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Some states have expanded protections for workers who use marijuana on their own time. 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. What are your rights as a medical marijuana patient when it comes to employment? Clark told her he used marijuana to treat a medical condition and planned to continue doing so. 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. Answered October 5, 2018. for The governor will sign the bill on Sunday. Medical marijuana use in the workplace can be a complicated legal maze. For more information about medical marijuana and drug testing, contact 610-738-2450. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. The criteria usually include being a resident of the state and having a qualifying condition. I've called the PA Dept. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. But he didnt want to stop using cannabis to treat his pain. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. 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. Especially if you need to use medical marijuana to manage your condition during the work day. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Spotlight PA is different. They can potentially discipline you for that.. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 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. And some states offer stronger protections. people, places, and food of Pa. every Friday, plus events, guides, The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). We shouldnt be limited. 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. After employees lose their job, they can run into other problems. Im in boston do they drug test for marijuanna. 3. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. The Investigator (Weekly): Best accountability who are committed to accountability journalism that gets results. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. Arkansas does not provide protection to medical marijuana patients from employee drug testing. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Buy marijuana from cannabis dispensaries in the State of Virginia. The bill passed out of committee on a party-line vote with all Republicans in favor. 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 They think they have a card and they are protected, like I did.. 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 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. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. So having a marijuana card is the only way to get legal access to medical marijuana until then. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. 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. Addressing the topic, one can be drug tested even with a medical marijuana card. 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. InvestigationUnimpaired, UnemployedWorkers in Pennsylvania cant be fired for having a doctors approval for medical marijuana but once they actually use it, its a whole different story.Sept. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. This is because state laws may define a drug. 14, 2022by I gotba med card. 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.. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. 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. Vaccinations. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). Answer See 3 answers. Editor in Chief. Still, he worries the company could find another reason to drug test him. 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. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . It also prohibits patients from participating in certain high-risk activities while using medical . 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.But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. 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. 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. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. I'm a general assignment breaking news reporter. 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. But he didnt want to stop using marijuana. 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.. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 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. 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.. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. After the first visit, you will only need your marijuana card. Losing a job over a positive drug test can put unemployment benefits at risk. Saliva tests can detect cannabis for approximately 24 hours after use. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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. 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. Now join thousands of your friends and neighbors in supporting it. 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. 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. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. 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. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. Here is what you need to know. "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 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. 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. Our journalism is produced to serve the public interest not profit motives. How long are people impaired from cannabis? All of those laws include exceptions if federal laws or rules require drug testing. 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. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. If you value this reporting, please give a gift today at You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. 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. Spotlight PASupport This Work 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. National Conference of State Legislatures. 2022, Pennsylvania Department of Health, August Its possible, depending on the job, Auerbach says. Pennsylvanias 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. 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.

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