Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. according to the Pennsylvania Department of Health, provides some specific antidiscrimination protections for registered patients when it comes to employment, unlikely that an employer will ask if you are one, How medical marijuana affects your tenant rights in Pennsylvania, says that patients are prohibited from certain jobs or job functions, marijuana attorney Patrick Nightingale writes, what is known as a private right of action,, Our best Philly tips: Read our most useful stories, California residents do not sell my data request. 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. Our journalism is produced to serve the public interest not profit motives. For the more than 400,000 medical marijuana patients in the state, the stakes are high. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. The medical marijuana users will soon be driving with the marijuana metabolites . Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Here is what you need to know. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. 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. Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. Some saliva tests have detected . Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. Get Certified by a Physician Still, the future of the legislation is unclear. 1200 New Jersey Ave, SE Washington, DC 20590 United States. Moyer said he had a medical marijuana card at the time.I felt betrayed, he told Spotlight PA.When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Self-Certification Form (DL-11CD) - download the form here from PennDOT. If your policy requires preemployment drug testing, then conduct the test. Snare told him she was checking with her attorney and would get back to him. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. I am sorry but as of now, you no longer work for us.. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! There are other activities that are designated zero tolerance at work, Auerbach says, meaning that you cant do them if you are under the influence of medical marijuana at work (but you still should be able to medicate off work hours). Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Pennsylvanias medical marijuana law doesnt define impairment. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. More than 30 employer groups, including the Pennsylvania Chamber of Business and Industry, have urged the legislature to provide clear guidance on marijuana and workplace safety issues.Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.The safety question is a complex one. No. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. What are your rights at work if you use medical marijuana? State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. We shouldnt be limited. You usually have to pay a fee to get this 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. The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. Currently we've seen DOT physicals charged anywhere between $50 and $300. I hope you appreciated this article. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. Many have been settled before a judge could rule on the merits of the case. 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. Still, he worries the company could find another reason to drug test him. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. However, when I called Occupational Health (a place that does biometric testing), they said if you present your med card, they will mark your urine test results negative for marijuana, regardless of the actual results. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. 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. We still have the right to earn a living.. 2. Now join thousands of your friends and neighbors in supporting it. 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. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Some states allow employers to kick against medical marijuana for safety. Spotlight PA is different. 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. Most MMJ programs also have a minimum age limit of 21. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. Depending on how valuable you are to . Will you do your part today by making a contribution? In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. Gun Owners Do Not Qualify for Medical Marijuana 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.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. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. By Mail: PennDOT Bureau of Driver Licensing P.O. Christopher Baxter While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. Asked June 14, 2017. . That means that, among other things, an employer or potential employer, if youre looking for work cant legally fire or refuse to hire you just because you use medical marijuana. 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. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. I gotba med card. But he didnt want to stop using marijuana. 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. We still have the right to earn a living.Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues.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.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.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.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. 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. But what about work? Will I get a job if I test positive and fail a medical marijuana drug test? 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. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. 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. With gratitude, 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. Always be aware of your state laws concerning drug testing for employers and job applicants. Find a Drug Test Location. 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. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Usually clinics are busy and impersonal, but everyone was so nice! Read Later. 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.. 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.. Be extra careful if applicants state they have a medical marijuana card. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. 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. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. 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. So having a marijuana card is the only way to get legal access to medical marijuana until then. This is, however, based on the law in the state at that time. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. 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. After employees lose their job, they can run into other problems. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. 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. Still, he worries the company could find another reason to drug test him. 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.. 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. 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. PaulaTexas patient. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. 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. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. We have no billionaire owner or shareholders to consider.Our journalism is produced to serve the public interest not profit motives.Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. Office of Drug & Alcohol Policy & Compliance. 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. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. 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. Leise Hook The application process takes about 7 to 10 days on average. 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. No. 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.This article and all of our journalism are available to you at no cost thanks to our supporters. foundations and readers like you Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. If you work in the service industry, hospitality, or at a desk job, you are likely to get the laws full protections, but blue collar employees may not be protected from being fired or not hired.. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Conclusion. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. (Medical card only, not the long form.) Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Immigration Physicals. Editor in Chief. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. What do I do once a doctor issues my certification? 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. For more information about medical marijuana and drug testing, contact 610-738-2450. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. New Card $199, Renewal $100, Returning Patients $50. 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. Its possible, depending on the job, Auerbach says. And what are the limitations? Spotlight PA relies on funding from Refusals to submit to a drug or alcohol test are defined in 382.107. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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. 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. Pre-Employment Urine Test as a Med Card Holder. What to bring to a DOT physical; Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. 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. It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. journalism every Thursday, plus a weekly riddle. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. 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.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 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.
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