Medical Marijuana Lawyers

Yes, Pennsylvania employers may still require pre-employment marijuana testing in some situations. However, registered medical marijuana patients may have protections if an employer takes action solely because of their medical marijuana cardholder status.

These protections may come with exceptions for safety-sensitive positions or federally regulated jobs.

Impairment at work generally means an employee’s marijuana use is affecting their ability to perform job duties safely and effectively. 

Employers may look for observable signs of impairment, such as slurred speech, poor coordination, confusion, unusual behavior or unsafe actions on the job. They may also consider the employee’s role, workplace policies, safety requirements and any test results when evaluating possible impairment.

Yes, medical marijuana use may be prohibited or restricted in specific jobs, especially when federal rules or safety-sensitive duties apply.

These exceptions depend on the specific role and circumstances:

• Safety-sensitive positions: Roles like commercial truck drivers, pilots and other transportation workers may be subject to federal DOT drug testing rules.
• High-risk job duties: Employers may restrict medical marijuana patients from duties involving high-voltage electricity, heights, confined spaces, public safety risks or certain chemicals.
• Federally regulated roles: Some federally regulated jobs may be exempt from state-level protections for medical marijuana patients.

If you were denied a job, terminated or disciplined because of your status as a medical marijuana cardholder, an attorney can help you understand whether the employer’s decision was legally justified.