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. 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.. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. This is because state laws may define a drug. How to become a caregiver in PA? The card is generally valid for one year and can be renewed. Vaccinations. 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. 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.. And some states offer stronger protections. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. 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. Be extra careful if applicants state they have a medical marijuana card. 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. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. by Suzanne Sentman, SPHR on April 13, 2018. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. This article and all of our journalism are available to you at no cost thanks to our supporters. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 1. 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. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. Will you do your part today by making a contribution? The Investigator (Weekly): Best accountability What About Medications? 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. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. Some states allow employers to kick against medical marijuana for safety. 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 . With gratitude, 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. Christopher Baxter foundations and readers like you The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. So having a marijuana card is the only way to get legal access to medical marijuana until then. PaulaTexas patient. Often this term is used in the context of drivers who pose a safety risk. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. We have no billionaire owner or shareholders to consider. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. Although Pennsylvania employers cannot take action against employees because they . The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. 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. 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. Steven Auerbach, JD, Narberth-based employment attorney. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Asked June 14, 2017. . Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. A spokesperson for the Department of Labor and Industry said the agency doesnt have statistics for the number of people initially denied benefits in cases similar to Moyers.Different approachesPennsylvanias 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.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.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. 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. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. 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. 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 tests dont tell you whether an employee was impaired at work.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. 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. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. people, places, and food of Pa. every Friday, plus events, guides, We shouldnt be limited. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. report from the National Institute on Drug Abuse. 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. 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. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. 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. Those include: Work performed at heights or in confined spaces, (such as mining). It limits your ability to manage your medical condition.. 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. 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. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From Spotlight PA relies on funding from 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. 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. 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. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. 2022Pennsylvania Department of Health, July Report. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. I hope you appreciated this article. 1-877-564-2333 contact form J. J. Keller. 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. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Office of Drug & Alcohol Policy & Compliance. An Allentown company fired a warehouse worker after he tested positive for marijuana use. Yes for full time. 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. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. 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. Ed MahonSpotlight PAIllustrations by Editor in Chief. And it seems like were not. 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. Pennsylvanias medical marijuana law doesnt define impairment. I feel like I have a target on my back, Douglas told Spotlight PA in June. 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. The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. Will I get a job if I test positive and fail a medical marijuana drug test? Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. General DQ Questions Medical Exams Audits. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. 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. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. 2. 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. 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. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. Pre-Employment Urine Test as a Med Card Holder. Most MMJ programs also have a minimum age limit of 21. Still, the future of the legislation is unclear. 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. 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 . 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. 5 min. PGWs first responsibility is always the safety of our employees, customers, and communities across the City of Philadelphia and ensuring safety throughout all our operations, spokesperson Richard Barnes said in an email. Gun Owners Do Not Qualify for Medical Marijuana Contact Us. 2022Pennsylvania Department of Health, August People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. National Conference of State Legislatures. Get Certified by a Physician 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. How do you get your medical marijuana card in PA? Christopher Baxter When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. But he didnt want to stop using marijuana. 3,515 views 3 comments 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. (Medical card only, not the long form.) This excludes testing of employees in positions with federal drug-testing requirements. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. 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. 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. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. Will you do your part today by making a contribution? 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 Some places have found a way to reduce uncertainty. The governor will sign the bill on Sunday. 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. best-of, and more. 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. PA Local (Weekly): A fresh look at the incredible Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. 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. In Palmiter v. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Saliva tests can detect cannabis for approximately 24 hours after use. Contest the punishment. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. 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. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA.Douglas is happy to be back in his regular job doing work he enjoys.
Is Lorna Shore A Christian Band, James L Gordon Memorial Hospital Address, Jefferson Parish Fence Code, Whitfield Clinic Linden, Al, Articles D