The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. 3. Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. Read Later. And thats likely true even if you are using medical marijuana for something that would be considered a disability under the federal Americans with Disabilities Act. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. The program works with Medicare Part D plans and other prescription drug plans such as retiree/union coverage, employer plans, Medicare Advantage (HMO, PPO) and Veterans' Benefits (VA) to lower out-of-pocket costs for medications. 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. In 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. 3. Spotlight PA is different. Asked October 5, 2018. For more information about medical marijuana and drug testing, contact 610-738-2450. 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. 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. So, what are your rights as a medical marijuana patient when it comes to employment? Medical marijuana use in the workplace can be a complicated legal maze. 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. 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. Refusals to submit to a drug or alcohol test are defined in 382.107. 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. 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. 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. It improves my mood.. . You'll need a driver's license or state-issued photo ID, and to be 18 years old. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. They are being forced to choose between their jobs and their medicine. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. How do you get your medical marijuana card in PA? 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 nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. I'm a general assignment breaking news reporter. Usually clinics are busy and impersonal, but everyone was so nice! An Allentown company fired a warehouse worker after he tested positive for marijuana use. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. I hope you appreciated this article. The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. Spotlight PA is different. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. 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. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. By Mail: PennDOT Bureau of Driver Licensing P.O. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. 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. You usually have to pay a fee to get this card. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. 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. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. Will you do your part today by making a contribution? In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. 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. 2022Pennsylvania Department of Health, July Christopher Baxter 2022, 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. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. With gratitude, Asked June 14, 2017. . So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. Without a valid DOT medical card, you can lose your CDL. They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. A medical marijuana card, also known as a medical cannabis card, is an ID card issued by your state or country, with your doctor's recommendation, permitting you to cultivate, possess, and obtain cannabis for medicinal purposes. Everyone deserves access to the facts. I felt that we were protected. They can be punished if they show up to work impaired similar to the process for other drugs, according to Leech and a city spokesperson.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. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. 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 . 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. 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. Yes for full time. Steven Auerbach, JD, Narberth-based employment attorney. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. 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. I felt that we were protected. Will you do your part today by making a contribution? Urine tests can detect cannabis in the urine for approximately 3-30 days after use. 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. How do I register with the department of health? The tests dont tell you whether an employee was impaired at work. 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. Immigration Physicals. What do I do once a doctor issues my certification? 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. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. Christopher Baxter Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. I gotba med card. Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers. Arkansas does not provide protection to medical marijuana patients from employee drug testing. This SeriesRare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. The governor will sign the bill on Sunday. Here is what you need to know. 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. 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. Some states allow employers to kick against medical marijuana for safety. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. 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. 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. In many cases, using medical marijuana while on the job is at the discretion of your employer. Pennsylvania Court: Medical Marijuana Act Allows Employees to Sue for Bias The Superior Court of Pennsylvania recently held that the state's medical marijuana act allowed an employee to sue. He was demoted from that job to one that paid almost half, according to the lawsuit.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.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. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. 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. 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. But restrictions on other workers such as those working at heights or in confined spaces are more vague. PaulaTexas patient. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. But that, Gullen says, is an unsettled area of the law. Auerbach says that filing a claim under the ADA or PHRA mostly depends on whether your employer knows what your disability is not just whether they know youre a medical marijuana patient so it can get complicated. 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. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 5 min. I have quit smoking in the meantime just in case, but it will . Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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. The protection isnt quite as robust as you might think.. Security officials will check your marijuana card before allowing you in. 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 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.. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. 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.

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