In Pennsylvania, the Medical Marijuana Act (MMA) offers certain protections to patients who use medical marijuana. However, these protections are not absolute, especially in the context of employment. The MMA aims to ensure that qualified medical marijuana patients are not discriminated against solely for their status as a patient. A medical marijuana attorney in Abington, PA can help patients understand their rights and options under the law.
Pennsylvania's Medical Marijuana Act, enacted in 2016, established a comprehensive framework for medical cannabis use in the state. However, the relationship between medical marijuana patients and worker rights remains relatively hazy with employers retaining significant discretion in their employment decisions regarding cannabis use.
Limited Employment Protections
The Act explicitly states that employers are not required to accommodate medical marijuana use in the workplace.
TThe MMA provides one important protection: employers cannot discriminate against someone solely because they are a certified medical marijuana patient. Nonetheless, having a medical card will not save your job if it is safety-sensitive.
Workplace Safety Considerations
Employers maintain broad authority to enforce drug-free workplace policies, particularly for safety-sensitive jobs. Pennsylvania recognizes that certain jobs require heightened safety standards, and therefore, employers can and should prohibit medical marijuana users from becoming employed in positions. Examples of safety sensitive work duties include:
- Truck drivers and public transit conductors
- Heavy machine operators
- Hazardous materials handlers
- Law enforcement and security officers
- Healthcare providers such as nurses and home health aides
Even for non-safety-sensitive positions, employers have the right to maintain zero-tolerance drug policies and to discipline employees who test positive for marijuana, regardless of their medical marijuana status.
Federal vs. State Law Complications
The tension between federal and state marijuana laws creates additional complexity. While Pennsylvania permits medical marijuana use, cannabis remains federally illegal. This federal prohibition allows employers, particularly those with federal contracts or that are operating in federally regulated industries to maintain strict anti-marijuana policies without violating state law.
Practical Workplace Implications
Medical marijuana patients face several practical challenges in the workplace. Pre-employment drug screening can be used to disqualify candidates even with valid medical cards. Current employees may face discipline or termination following positive drug tests, regardless of when they last used marijuana or whether it affected their work performance.
Some employers have begun adapting their policies to accommodate medical marijuana patients, particularly in competitive job markets. These accommodations might include modified drug testing procedures or alternative positions for qualified patients. However, such work accommodations remain voluntary and relatively uncommon.
Legal Developments and Future Outlook
Pennsylvania's medical marijuana landscape continues to evolve. Some legislators have proposed amendments to strengthen employment protections for medical marijuana patients, particularly for off-the-job use. However, no new laws have been enacted in Pennsylvania to expand workplace protections for medical card holders.
Recommendations for Patients and Employers
Medical marijuana patients should thoroughly research potential employers' drug policies before applying for a job and consider the implications that possessing a medical marijuana card may have early in the job seeking process. Consulting with an employment attorney familiar with Pennsylvania cannabis law can provide valuable guidance.
Employers should regularly review and update their drug policies to ensure compliance with evolving state laws while maintaining workplace safety standards. Clear, consistently applied policies help protect both employers and employees from falling afoul of the law.
The intersection of medical marijuana rights and employment law in Pennsylvania remains an evolving area requiring careful scrutiny by both patients and employers.
Basic Protections Under the Medical Marijuana Act: Key Takeaways
The MMA generally prohibits employers from discriminating against a person solely on the basis of their status as a certified medical marijuana patient. This means that an employer cannot refuse to hire, discharge, or otherwise discriminate against an individual in terms of compensation, terms, conditions, or privileges of employment because they are a registered patient using medical marijuana in accordance with the Act.
Despite these protections, there are significant exceptions and limitations that employers can cite:
- Federal Law Conflicts: The MMA does not require an employer to commit any act that would put the employer in violation of federal law. Since marijuana remains illegal under federal law, employers that receive federal funding or are subject to federal regulations (e.g., Department of Transportation regulations) may be able to enforce drug-free workplace policies, even if it means discriminating against medical marijuana patients.
- Safety-Sensitive Positions: Employers are generally not required to tolerate the use of medical marijuana if it would jeopardize a federal contract or funding, or if the employee is in a safety-sensitive position where impairment can pose a risk of harm to the employee, coworkers, or the public.
- Impairment at Work: The MMA does not permit an employee to be under the influence of medical marijuana at their place of employment or during work hours. If an employer can demonstrate that an employee is impaired by medical marijuana at work or that their use of medical marijuana poses a direct threat to the safety of others, they may be able to take disciplinary action.
- Drug-Free Workplace Policies: While the MMA provides some protections, it does not prohibit employers from establishing and enforcing drug testing policies, as long as these policies are applied consistently and do not specifically target medical marijuana patients for discriminatory reasons unrelated to performance or safety.
Employer Rights
Employers retain the right to:
- Prohibit Possession and Use at Work: Employers can prohibit the possession or use of medical marijuana on the employer's premises during work hours.
- Enforce Drug-Free Workplace Policies: As long as they do not violate the anti-discrimination provisions of the MMA or other applicable laws, employers can maintain drug-free workplace policies.
- Take Action for Impairment: If an employee is impaired by medical marijuana at work, or their medical marijuana use affects their job performance or safety, employers may take appropriate disciplinary action.
Key Considerations for Medical Marijuana Patients
Medical marijuana patients in PA should be aware that their employment protections are not absolute. Therefore it is necessary to understand the details of the MMA and how it interacts with employer policies, especially in roles where safety is paramount or where federal regulations apply. A workers' compensation lawyer can also provide guidance if medical marijuana use becomes an issue in a workplace injury or benefits claim