In Pennsylvania, the law generally protects you from being fired simply for being a certified medical marijuana patient, but the reality is much more complicated. While state law offers important safeguards for employees, there are critical exceptions related to your specific job duties, federal laws, and your employer’s policies that can put your employment at risk.
Facing an injury is stressful enough without worrying about how your prescribed medical treatment could affect your job. If you are a medical marijuana patient, you have specific rights, but also responsibilities, when it comes to your employment and a workers' compensation claim.
Table of contents
- Key Takeaways: Can You Be Fired for Using Medical Marijuana in Pennsylvania
- Understanding Your Rights Under Pennsylvania’s Medical Marijuana Act
- When Can an Employer Still Take Action?
- What Does This Mean for Your Workers’ Compensation Claim?
- Understanding Employer Drug Policies When You Use Medical Marijuana in Pennsylvania
- FAQs: Can I Be Fired for Using Medical Marijuana in Pennsylvania?
- You Don’t Have to Figure This Out Alone
Key Takeaways: Can You Be Fired for Using Medical Marijuana in Pennsylvania
- Pennsylvania’s Medical Marijuana Act includes provisions that protect employees from being fired solely based on their status as a medical marijuana patient.
- Employers may still enforce drug-free workplace policies and can take action if an employee is under the influence of marijuana while at work.
- Exceptions exist for certain safety-sensitive positions and for jobs that are regulated by federal law, which still classifies marijuana as an illegal substance.
- A positive drug test does not automatically prove impairment, as THC can remain in a person's system for an extended period.
- An injured worker may be able to get reimbursement for medical marijuana through a workers' compensation claim if it is deemed a reasonable and necessary medical expense.
Understanding Your Rights Under Pennsylvania’s Medical Marijuana Act
When you are managing pain or a chronic condition from a work injury, your focus should be on recovery. For many Pennsylvanians, medical marijuana is a crucial part of that recovery plan. Recognizing this, the state legislature included specific employment protections in the law that created the program.
Pennsylvania’s Medical Marijuana Act (Act 16), signed into law in 2016, contains a vital anti-discrimination clause. This section states that an employer may not “discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee… solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.”
In simple terms, this means your boss cannot fire you just because you have a medical marijuana card. However, the word “solely” is important. This protection focuses on your status as a patient, not your actions. Your employer can still have rules about what you do at work.
When Can an Employer Still Take Action?
The protections under Act 16 are strong, but they are not absolute. An employer can still take disciplinary action, including termination, under certain circumstances. It is important to know where the lines are drawn, especially if you work in a high-risk industry common in the Philadelphia and Abington areas, such as construction or manufacturing.
Here are situations where an employer might be within their rights to act:
- Being Under the Influence at Work: The law protects your right to be a patient, but it does not give you the right to be impaired on the job. If you are under the influence of medical marijuana during work hours, your employer can fire you. This is a critical distinction, as ensuring a safe workplace is a top priority for every employer.
- Safety-Sensitive Positions: The law allows employers to prohibit patients from performing certain dangerous jobs if they have reason to believe the employee is under the influence. This includes tasks like operating heavy machinery, working at heights, or handling hazardous chemicals.
- Conflict with Federal Law: If your job is regulated by federal law, the situation changes. Because marijuana is still illegal at the federal level, employers who must comply with federal regulations (like the U.S. Department of Transportation) are often required to maintain a zero-tolerance policy. This can override the protections offered by Pennsylvania state law.
Knowing these exceptions is key. The law aims to create a balance between a patient's right to medical treatment and an employer's need to maintain a safe and productive work environment.
What Does This Mean for Your Workers’ Compensation Claim?
If you are injured at work, the use of medical marijuana can add another layer to your workers' compensation claim. After a workplace accident, employers often require a drug test. If you test positive for THC, the psychoactive component in cannabis, an insurance company might try to argue that your impairment caused the accident and use it as a reason to deny your claim.
However, a positive test is not the end of the story.
- Impairment vs. Presence: A key legal issue is proving that you were actually impaired at the time of the injury, not just that THC was present in your system. Unlike alcohol, THC can be detected in the body for days or even weeks after use, long after any psychoactive effects have worn off.
- Reasonable and Necessary Treatment: In Pennsylvania, there is a growing legal precedent for workers' compensation insurance to cover the cost of medical marijuana if it is considered a reasonable and necessary treatment for a work-related injury. This can be a complex process, but it is an important option for many injured workers seeking alternatives to opioids for pain management.
- Following Doctor’s Orders: It is crucial to use your medical marijuana exactly as prescribed by your doctor. Documenting your use and demonstrating that you are following a legitimate treatment plan can be vital for both your employment and your workers' comp claim.
Handling these issues requires a careful and strategic approach to protect your rights to both medical care and the benefits you are owed.
Understanding Employer Drug Policies When You Use Medical Marijuana in Pennsylvania
Many employers in our communities, from the healthcare systems in Abington to the construction sites across Philadelphia, have "drug-free workplace" or "zero-tolerance" policies. These policies can be intimidating for medical marijuana patients.
It's important to understand that such policies cannot simply ignore state law. While an employer can prohibit the possession or use of marijuana on their property and can prohibit employees from being impaired at work, a policy that results in automatically firing someone for a positive drug test—without considering whether they were impaired—may violate the protections of the Medical Marijuana Act.
If you find yourself in a situation where your medical treatment is in conflict with your employer’s policy, you should not have to choose between your health and your job. The law is evolving, and how it is applied often depends on the specific details of your case.
FAQs: Can I Be Fired for Using Medical Marijuana in Pennsylvania?
Here are answers to some common questions about employment rights and medical marijuana use in our state.
Do I have to tell my employer that I am a medical marijuana patient?
Generally, you are not required to disclose your status as a medical marijuana patient to your employer unless you are in a safety-sensitive position or a drug test is required. However, being transparent may be beneficial in certain situations, but this is a decision that should be considered carefully.
What is considered a "safety-sensitive" job?
Pennsylvania law doesn't provide a complete list, but these are typically jobs where impairment could lead to serious harm. Examples include operating heavy machinery, driving commercial vehicles, working with electricity, or carrying a firearm.
What kind of evidence can prove I was not impaired at work?
Evidence can include witness testimony from colleagues about your behavior, performance records showing you were working normally, and expert opinions regarding the correlation between THC levels in a drug test and actual impairment.
You Don’t Have to Figure This Out Alone
The intersection of Pennsylvania’s employment laws, workers' compensation system, and medical marijuana regulations is a complicated one. The rules are complex, and the stakes are high. You deserve clear guidance from someone who understands every angle of this evolving area of law.
At Kaufman Workers’ Compensation Law, we are dedicated to helping injured workers in Abington, Philadelphia, and beyond. Led by an attorney who has been a certified specialist in Pennsylvania Workers’ Compensation law since the certification first became available in 2013, our firm has the focused knowledge to protect your rights.
If you are concerned about your job or your workers’ comp claim because you are a medical marijuana patient, contact us today at (267) 626-2973 or through our online form for a free and confidential consultation.