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 . Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis.How long are people impaired from cannabis?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.Is there a standard definition of impairment for cannabis?No. For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. So, what are your rights as a medical marijuana patient when it comes to employment? A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. How to become a caregiver in PA? We shouldnt be limited. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. Tasks that the employer deems life-threatening, to you personally or to any other employees. 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. The criteria usually include being a resident of the state and having a qualifying condition. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. 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. 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. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. Some saliva tests have detected . Juvenile Law Center. 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. Driver Qualification FAQs | DOT Medical Card & Physical | J.J. Keller Answer See 3 answers. The tests dont tell you whether an employee was impaired at work. 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. 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. Has your Pennsylvania employer or prospective employer asked you to take a drug test? 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). First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. Some places have found a way to reduce uncertainty. DOT "Medical Marijuana" Notice | US Department of Transportation Addressing the topic, one can be drug tested even with a medical marijuana card. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. I have quit smoking in the meantime just in case, but it will . New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. Medical Marijuana Act | Employer Rights MMA | Lancaster CPA Firm Can You Have a CDL and a Medical Marijuana Card? - Leafwell The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. 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. How long after gettin job i have to do drug test. 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. . The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. Update - Medical Marijuana in the Pennsylvania Workplace Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. Christopher Baxter Can I Get Fired for Using Medical Marijuana if I Have a Missouri Does a Medical Marijuana Card Affect Employment? - Heally best-of, and more. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Employee Drug Testing and the Pennsylvania Medical Marijuana Law: What To be on the safe side, they cannot be using marijuana at work or be under the influence while at work. It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): 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. 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. Ed MahonSpotlight PAIllustrations by 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. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. DOT Physicals: Do They Include a Drug Test? - Foley Often this term is used in the context of drivers who pose a safety risk. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. How long are people impaired from cannabis? 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. The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Usually clinics are busy and impersonal, but everyone was so nice! I'm a general assignment breaking news reporter. Always be aware of your state laws concerning drug testing for employers and job applicants. 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. This is because state laws may define a drug. 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. It improves my mood.. Now join thousands of your friends and neighbors in supporting it. To register for the medical marijuana program, you must have a Pennsylvania driver's license or an ID card issued by the Pennsylvania Department of Transportation. Losing a job over a positive drug test can put unemployment benefits at risk. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Video. 2022Pennsylvania Department of Health, July Gun Owners Do Not Qualify for Medical Marijuana With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . Be extra careful if applicants state they have a medical marijuana card. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. 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. In Palmiter v. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. This excludes testing of employees in positions with federal drug-testing requirements. Find a Drug Test Location. Can I be fired in Pennsylvania for using medical marijuana? - Inquirer.com 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. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. 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. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. 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. 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. Immigration Physicals. Spotlight PA is different. But he didnt want to stop using marijuana. Department of Veterans Affairs Policy on Medical Marijuana A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. 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. 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.. And unlike with the ADA and PHRA, there is no employee threshold, so even companies with only a couple of employees are subject to lawsuits if they violate its provisions. What if I fail or refuse a test? | FMCSA - Federal Motor Carrier Safety Leise Hook 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. Workplace Drug Testing in Pennsylvania | Nolo Employers and Legal Marijuana. Marijuana Laws by State Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. An Allentown company fired a warehouse worker after he tested positive for marijuana use. 2022Pennsylvania Department of Health, August And its unlikely that an employer will ask if you are one (though thats not prohibited by law). What are your rights as a medical marijuana patient when it comes to employment? 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. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. Security officials will check your marijuana card before allowing you in. Vaccinations. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. Get Pennsylvania Medical Marijuana Card With My MMJ Doctor 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. Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.. Employee Can Bring Claim Under Pennsylvania Medical Marijuana Act Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. Copy of your valid DOT medical card. Drug and Alcohol Testing - PA.Gov Practical Insights on Medical Marijuana for PA Employers - East Coast Workers with medical marijuana cards in PA face firing 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. But restrictions on other workers such as those working at heights or in confined spaces are more vague. PACE Program - Pennsylvania Department of Aging Act 16: Guide for Employers & Employees The bill passed out of committee on a party-line vote with all Republicans in favor. 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. The application process takes about 7 to 10 days on average. While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. And some states offer stronger protections. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. 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. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. journalism every Thursday, plus a weekly riddle. Its complicated. Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. Other firefighters have told Leech theyre drinking less alcohol, or theyve switched from federally approved prescription drugs, such as opioids, to medical marijuana because they feel its safer and less addictive. Will you do your part today by making a contribution? Marijuana is still illegal at the federal level, which can create additional complications for some industries. Getting Medical Marijuana in Pennsylvania - PA.GOV Fast and Simple. People want jobs, not lawsuits, Auerbach says. Can You Pass A Drug Test With A Medical Marijuana Card? Pennsylvania Drug Testing Laws 2022 - Uritox, LLC 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. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. Because in theory, this should be protected under HIPAA laws. 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. 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. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. What to bring to a DOT physical; 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. 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. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired.It should be more clear, Moyer told Spotlight PA. A lot of people dont know. The use and sale of marijuana is completely illegal. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. 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. "When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient." "Nothing in ORS 475.300 to 475.346 shall be construed to require An employer to accommodate the medical use of marijuana in any workplace." Pennsylvania Its possible, depending on the job, Auerbach says. Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. 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. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. We still have the right to earn a living.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.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.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.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.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. 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. What are your rights at work if you use medical marijuana? Can I Collect Unemployment if I Get Fired After a Positive Drug Test marijuana card at the time of the positive drug . 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.. Declaring a Drug Test Positive: Who Has Final Say on Medical Marijuana 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. 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. 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. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. VA Policy On Medical Marijuana & Veterans - Military Benefits I am sorry but as of now, you no longer work for us.Clark later found a job at another business. You'll need a driver's license or state-issued photo ID, and to be 18 years old. Still, he worries the company could find another reason to drug test him. But there is no similar national standard for drugged driving.In August 2020, Clark sent an email to the owner and president of the company, Shannon Snare, asking about the workplace policy for medical marijuana.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.Snare told him she was checking with her attorney and would get back to him.Unfortunately, we cannot allow you to flag for us, Snare wrote the next day.Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news.