Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Refusals to submit to a drug or alcohol test are defined in 382.107. Will I get a job if I test positive and fail a medical marijuana drug test? Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): The information provided here does not . It also prohibits patients from participating in certain high-risk activities while using medical . First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. Often this term is used in the context of drivers who pose a safety risk. Asked June 14, 2017. . Here is more information on getting a driver's license or ID card in Pennsylvania. For more information about medical marijuana and drug testing, contact 610-738-2450. They said he was told he could return to work in a position that would not require him to operate power equipment.. This excludes testing of employees in positions with federal drug-testing requirements. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. ( 382.301 ). Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. 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. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. 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. Some places have found a way to reduce uncertainty. 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. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . 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. 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.. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. Our journalism is produced to serve the public interest not profit motives. Read Later. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Its possible, depending on the job, Auerbach says. 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. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. Currently, federal law still issues severe penalties for the use of medical marijuana. . Spotlight PA relies on funding from So, what are your rights as a medical marijuana patient when it comes to employment? I gotba med card. . 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 employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. From the legalization of recreational use to expanding medical marijuana access, lowering penalties for possession, allowing home cultivation, and establishing a taxation and regulation system for the marijuana industry, these changes could have significant implications . 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. foundations and readers like you I am sorry but as of now, you no longer work for us.Clark later found a job at another business. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. Unsurprisingly, the employee tested positive for . 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. While non-safety-sensitive workers can rely on significant employment protections thanks to the Oklahoma Medical Marijuana and Patient Protection Act, the bill doesn't prevent employers from enacting drug testing policies in their workplaces, even for those with valid medical marijuana licenses. Especially if you need to use medical marijuana to manage your condition during the work day. 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. The application process takes about 7 to 10 days on average. The medical marijuana users will soon be driving with the marijuana metabolites . Those include: Work performed at heights or in confined spaces, (such as mining). That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. Find a Drug Test Location. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. 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. 14, 2022by 2022Pennsylvania Department of Health, July 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 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. Youve been reading our work. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. 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. 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. They can potentially discipline you for that.. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Do I need a referral from a marijuana doctor in PA? Spotlight PA is different. General DQ Questions Medical Exams Audits. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency 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. This is because state laws may define a drug. 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. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. How to become a caregiver in PA? But there is no similar national standard for drugged driving.. 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. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). 2022, Pennsylvania Department of Health, August And what are the limitations? Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Department of Veterans Affairs Policy on Medical Marijuana For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. 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. 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. With gratitude, Has your Pennsylvania employer or prospective employer asked you to take a drug test? 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. What are your rights at work if you use medical marijuana? How long are people impaired from cannabis? 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. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. We have no billionaire owner or shareholders to consider. In some cases, employees alleged they were punished without even undergoing a drug test. 2022Pennsylvania Department of Health, July By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. Employee Prescription Medications Form Additional Resources CDL Coordinators List Employee Guide to CDL Drug and Alcohol Testing OA-Workplace Support is available to assist with any substance abuse issues and can be contacted at 717.787.8575 or ra-workplacesupportservices@pa.gov. Gun Owners Do Not Qualify for Medical Marijuana The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. 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. Pennsylvanias medical marijuana law doesnt define impairment. 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. journalism every Thursday, plus a weekly riddle. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. But what about work? 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. This excludes testing of employees in positions with federal drug-testing requirements. The bill passed out of committee on a party-line vote with all Republicans in favor. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. 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.. The protection isnt quite as robust as you might think.. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.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.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. 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. [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. Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. Be extra careful if applicants state they have a medical marijuana card. 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. 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., Pennsylvania Department of Health, July How long after gettin job i have to do drug test. Copy of your valid DOT medical card. Addressing the topic, one can be drug tested even with a medical marijuana card. 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 it seems like were not. 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. 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. Buy marijuana from cannabis dispensaries in the State of Virginia. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. by Suzanne Sentman, SPHR on April 13, 2018. Answer See 3 answers. 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. plus a daily puzzle. 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. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Get Certified by a Physician Juvenile Law Center. 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. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. 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. To get medical marijuana in Pennsylvania, patients have to register through the medical marijuana registry, be certified by a physician, pay for their medical marijuana ID card, and obtain their medication from approved dispensaries across the state. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. 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. Immigration Physicals. Is there a standard definition of impairment for cannabis? Some states have expanded protections for workers who use marijuana on their own time. 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. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. Depending on how valuable you are to . 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. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. 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.