It improves my mood.. My confidence is still shattered, Clark said in an interview. 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. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. people, places, and food of Pa. every Friday, plus events, guides, PaulaTexas patient. 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. 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. Gun Owners Do Not Qualify for Medical Marijuana The employee handbook available on the ODAPC Web site provides examples of conduct that the regulations define as refusing a test ( 49 CFR Part 40 Subpart I and Subpart N) and what happens if you test positive, refuse a test, or violate FMCSA regulations. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. 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. They are being forced to choose between their jobs and their medicine. 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 . Spotlight PA relies on funding from 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. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . 3. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 5 min. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). 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.. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Medical marijuana patient reciprocity in the United States is currently allowed in Arizona , Arkansas, Hawaii, Maine, Michigan, Nevada, New Hampshire, New Mexico, Oklahoma, Puerto Rico, Rhode Island, Utah, and Washington DC. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. 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. 2. How do you get your medical marijuana card in PA? (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). (Fall 2017 [updated March 2021]) Medical Review Officers (MROs) offer important oversight in the drug testing process by making the final determining if a drug test is ruled positive or negative.The MRO's role is to verify that an individual has a legal explanation, i.e., a prescription, for having a substance in his/her system at the level it shows. For the more than 400,000 medical marijuana patients in the state, the stakes are high. In some cases, employees alleged they were punished without even undergoing a drug test. 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. Juvenile Law Center. This is, however, based on the law in the state at that time. Clark later found a job at another business. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment It should be more clear, Moyer told Spotlight PA. A lot of people dont know. I have quit smoking in the meantime just in case, but it will . Currently, federal law still issues severe penalties for the use of medical marijuana. They think they have a card and they are protected, like I did.. 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. I've called the PA Dept. 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. Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. Leise Hook Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Get Certified by a Physician 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. Security officials will check your marijuana card before allowing you in. Refusals to submit to a drug or alcohol test are defined in 382.107. Pennsylvania Court: Medical Marijuana Act Allows Employees to Sue for Bias The Superior Court of Pennsylvania recently held that the state's medical marijuana act allowed an employee to sue. 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. 3,515 views 3 comments Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. 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. 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. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. Ed MahonSpotlight PAIllustrations by Pennsylvania Appellate Decision The Superior Court of Pennsylvania issued a decision on Aug. 5, 2021, that also could impact employers throughout the state when they conduct pre-employment drug tests on applicants who are certified users of medical marijuana. Absent a change in federal or state law, thats not likely to change soon. Some states have expanded protections for workers who use marijuana on their own 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. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. 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. Addressing the topic, one can be drug tested even with a medical marijuana card. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. 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. The tests dont tell you whether an employee was impaired at work. marijuana card at the time of the positive drug . It also prohibits patients from participating in certain high-risk activities while using medical . What About Medications? Contact Us. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. In Harrisburg, negotiations over employment protections have been lengthy and challenging, state Sen. Michele Brooks (R., Mercer) said during a committee hearing earlier this year. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. Read Later. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. Conclusion. Answer See 3 answers. Also, employee protection laws vary by state. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Most MMJ programs also have a minimum age limit of 21. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. Spotlight PASupport This Work Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. 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. 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. . Unsurprisingly, the employee tested positive for . Here is what you need to know. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. PA Local (Weekly): A fresh look at the incredible Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 Arkansas does not provide protection to medical marijuana patients from employee drug testing. He was demoted from that job to one that paid almost half, according to the lawsuit. 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. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! 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. The medical marijuana users will soon be driving with the marijuana metabolites . 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. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. 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. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. Marijuana is still illegal at the federal level, which can create additional complications for some industries. 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. 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. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. Department of Veterans Affairs Policy on Medical Marijuana Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. No. 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 He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would.My confidence is still shattered, Clark said in an interview. 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. by Suzanne Sentman, SPHR on April 13, 2018. I felt that we were protected. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. 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. 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. The application process takes about 7 to 10 days on average. 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. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. But he didnt want to stop using cannabis to treat his pain. 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. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. People want jobs, not lawsuits, Auerbach says. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From 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. How long are people impaired from cannabis? On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. An Allentown company fired a warehouse worker after he tested positive for marijuana use. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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. However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. Will you do your part today by making a contribution? In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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. We have no billionaire owner or shareholders to consider. Usually clinics are busy and impersonal, but everyone was so nice! Some states allow employers to kick against medical marijuana for safety. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. 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. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. The information provided here does not . Clark told her he used marijuana to treat a medical condition and planned to continue doing so. 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. 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. Thats all true for employees of private companies, . If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. 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. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . Although Pennsylvania employers cannot take action against employees because they . The program works with Medicare Part D plans and other prescription drug plans such as retiree/union coverage, employer plans, Medicare Advantage (HMO, PPO) and Veterans' Benefits (VA) to lower out-of-pocket costs for medications. Editor in Chief. 3. If you value this reporting, please give a gift today at 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. spotlightpa.org/donate. Its possible, depending on the job, Auerbach says. The unemployment board later ruled in his favor, saying that the bare test results do not disclose how recently the claimant may have ingested marijuana before reporting to work or that his work performance somehow was impaired on the day of the test. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. 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. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): 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 . 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. The criteria usually include being a resident of the state and having a qualifying condition. 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. Because in theory, this should be protected under HIPAA laws. Snare told him she was checking with her attorney and would get back to him. 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.. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. Fast and Simple. Still, he worries the company could find another reason to drug test him. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. And it seems like were not. And unlike with the ADA and PHRA, there is no employee threshold, so even companies with only a couple of employees are subject to lawsuits if they violate its provisions. It is, therefore . Still, he worries the company could find another reason to drug test him. Youve been reading our work. 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. 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 do I do once a doctor issues my certification? His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Steven Auerbach, JD, Narberth-based employment attorney. 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.