New Card $199, Renewal $100, Returning Patients $50. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. 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. Gun Owners Do Not Qualify for Medical Marijuana . Read Later. Now join thousands of your friends and neighbors in supporting it.With gratitude, The governor will sign the bill on Sunday. Some saliva tests have detected . 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. 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. In Palmiter v. ( 382.301 ). Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Spotlight PA is different. I am anticipating a job offer from P/enelec aka F/irst E/nergy as a DSO (distribution system operator) and they have a strict no drug/alcohol policy with a pre-employment drug test as well as random drug tests periodically. Security officials will check your marijuana card before allowing you in. Still, the future of the legislation is unclear.For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule.A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.BEFORE YOU GO, A QUICK REQUESTI hope you appreciated this article. of Health and talked to workers at various . 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 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. Answer See 3 answers. Can I be Fired for Using Medical Marijuana? - Sidney Gold & Assoc. LLC I gotba med card. 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. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. Pros & Cons Of Getting A Medical Card 2023: Benefits & Downsides [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. 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. marijuana card at the time of the positive drug . Refusals to submit to a drug or alcohol test are defined in 382.107. report from the National Institute on Drug Abuse. How long after gettin job i have to do drug test. who are committed to accountability journalism that gets results. 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. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. 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. That section states: Pre-Employment Urine Test as a Med Card Holder This is because state laws may define a drug. Jack Lehr Electric declined to comment for this story, through an attorney. 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 It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. So, while a Medical Marijuana card will not show up on a federal background check, if you've had any run-ins with the law that are connected to marijuana use and/or possession (even if it was medical), you can still face problems if someone performs a . Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! The medical marijuana users will soon be driving with the marijuana metabolites . 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.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. This excludes testing of employees in positions with federal drug-testing requirements. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Asked October 5, 2018. 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. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. 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. Its complicated. PA Local (Weekly): A fresh look at the incredible The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. The use and sale of marijuana is completely illegal. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. Arkansas does not provide protection to medical marijuana patients from employee drug testing. An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. Here is more information on getting a driver's license or ID card in Pennsylvania. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 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. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. But restrictions on other workers such as those working at heights or in confined spaces are more vague. We dont believe vital investigative and public-service journalism should be hidden behind a paywall or only for those who can afford a subscription fee. spotlightpa.org/donate. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. 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. Can I Get Fired for Using Medical Marijuana if I Have a Missouri The Pennsylvania Drug Testing Laws - What Will Happen to My Job? Gullen adds that if youre applying for a job that you know does drug testing, you may want to be up front about your status, and be able to provide supporting documentation. What if I fail or refuse a test? | FMCSA - Federal Motor Carrier Safety 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. 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. 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. 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 . Unfortunately, the answer is yes, they can. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 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. Here is what you need to know. 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. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. The bill passed out of committee on a party-line vote with all Republicans in favor. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. They think they have a card and they are protected, like I did.Jack Lehr Electric declined to comment for this story, through an attorney. I hope you appreciated this article. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. But what about work? The criteria usually include being a resident of the state and having a qualifying condition. 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.. by Suzanne Sentman, SPHR on April 13, 2018. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. 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.. DOT "Recreational Marijuana" Notice | US Department of - Transportation 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). Office of Drug & Alcohol Policy & Compliance. 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. Copy of your valid DOT medical card. Everyone deserves access to the facts.Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news.Thats why we need your help now.Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. PACE Program - Pennsylvania Department of Aging For more information about medical marijuana and drug testing, contact 610-738-2450. 2022Pennsylvania Department of Health, July We have no billionaire owner or shareholders to consider. 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. foundations and readers like you PaulaTexas patient. 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. Pennsylvania Drug Testing Laws 2022 - Uritox, LLC Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. Do I need a referral from a marijuana doctor in PA? Spotlight PA relies on funding from 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. 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. 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. Medical Cannabis Laws and Anti-Discrimination Provisions - MPP Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. 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 Currently, federal law still issues severe penalties for the use of medical marijuana. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. 1-877-564-2333 contact form J. J. Keller. Can I Get a Medical Marijuana Card If I Have a Felony? - WayofLeaf The Investigator (Weekly): Best accountability Driver Qualification FAQs | DOT Medical Card & Physical | J.J. Keller For the more than 400,000 medical marijuana patients in the state, the stakes are high. Medical Marijuana Card| Cannabis Care Consultants | Pennsylvania After the first visit, you will only need your marijuana card. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Employee Can Bring Claim Under Pennsylvania Medical Marijuana Act Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. This is, however, based on the law in the state at that time. 1. But he didnt want to stop using cannabis to treat his pain. Everyone deserves access to the facts. Yes for full time. 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. 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. And some states offer stronger protections. 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.. As a special bonus, all new monthly gifts made today will be matched as 12X their value thanks to the generosity of the Lenfest Institute for Journalism.Youve been reading our work. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Find a Drug Test Location. I felt that we were protected. 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. Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. 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 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 . Editor in Chief. people, places, and food of Pa. every Friday, plus events, guides, 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. 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. 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. I have quit smoking in the meantime just in case, but it will . A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. 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. I feel like I have a target on my back, Douglas told Spotlight PA in June. Employers and Legal Marijuana. Marijuana Laws by State 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. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug.