Cannabis laws are changing across the U.S. and the world. States are adopting their own regulations for recreational and medical marijuana use. State-owned dispensaries are showing up in residential areas and the stigma on people who use marijuana is starting to fade away.
Following its legalization in 2016, the Pennsylvania Medical Marijuana Program has acquired more than 582,000 people, including patients and caregivers. Since the rules for cannabis consumption vary by state and are different on the federal level, the laws can get complicated.
This guide will help you understand your rights as a medical marijuana patient in Pennsylvania.
Medical Marijuana Laws in PA
Marijuana consumption is illegal at the federal level for recreational and medical uses. That means there are no federal regulations or protections for medical cannabis patients and marijuana is still on the federal list of controlled substances.
That said, 36 states have legalized cannabis for medical use despite federal prohibition. Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (Act 16) into law in 2016, making medical cannabis legal and accessible for eligible residents in the state.
As of October 2021, 19 states have legalized recreational marijuana for those 21 years of age or older. Pennsylvania, however, still does not allow recreational marijuana use in any form.
The Pennsylvania Medical Marijuana Act
The Pennsylvania Medical Marijuana Act gives residents with serious medical conditions access to the state-regulated medical marijuana program. To qualify for a medical ID card, a person must have one or more of the specified ailments. Eligible medical conditions include, but are not limited to the following:
- Cancer
- Anxiety disorders
- Epilepsy
- Multiple sclerosis
- Parkinson’s disease
- Post-traumatic stress disorder
The law states that patients must attend a doctor’s visit with a registered practitioner and receive certification before becoming an official medical marijuana patient.
Act 16 and Employment
Act 16 includes employment-specific legislation, giving both patients and employers protections concerning the use of medical cannabis in the workplace.
According to Chapter 21 of Act 16, employers:
- Cannot discriminate against an employee because they are a medical marijuana patient
- Do not have to make special accommodations for medical marijuana use on the job
- Have the right to discipline employees for using or being under the influence of medical cannabis during work
- Do not have to do anything that violates federal laws
- Can prohibit employees from performing life-threatening tasks while under the influence of medical marijuana
If you feel your employer has discriminated against you for your status as a medical cannabis patient, an attorney might be able to provide you with legal advice and help support your case if you have one.
Can You Be Fired for Medical Marijuana Use?
One of the most common questions people have about medical marijuana is if an employer can fire you because of your status as a registered patient. In short, the answer is no.
Under the Pennsylvania Medical Marijuana Act, employers cannot discriminate against employees because they are medical cannabis cardholders, especially if your status does not interfere with your performance on the job.
With that said, your employer may be able to legally discipline or fire you for medical marijuana use if your job function involves working with the following:
- High-voltage electricity
- Public utilities
- Confined spaces
- Heights
- Public health or safety
- Certain chemicals
Act 16 states that people performing these job functions cannot exceed a limit of 10 nanograms of tetrahydrocannabinol (THC) in their bloodstream during work hours. This rule applies even if the THC is from off-the-clock cannabis consumption.
Regulations like this can be complex, and it may be helpful to reach out to a medical marijuana attorney with any questions or concerns.
Failing a Drug Test as a Medical Marijuana Patient
As a patient of medical cannabis in Pennsylvania, the rules around employment drug testing can be challenging to understand. The Pennsylvania Medical Marijuana Act states that employers cannot discriminate against employees for consuming marijuana off-the-clock, as long as:
- You are a properly registered medical marijuana patient in the state of Pennsylvania.
- Your job’s responsibilities are not deemed life-threatening or dangerous.
If you are a legal cardholder and an employer asks you to take a drug test, you will probably need to present relevant documentation stating you are a patient in the Pennsylvania medical marijuana program.
Consuming Medical Marijuana in the Workplace
Pennsylvania medical marijuana laws do not protect employees who consume cannabis during work hours. Because cannabis is still federally illegal, employers are not required to make any sort of accommodations for medical marijuana patients.
Employers can legally discipline workers for intoxication on the job, especially if consuming marijuana has impacted that worker’s performance. Workers can face consequences for consuming cannabis during hours, even if the condition that made them eligible for medicinal marijuana affects them on the job. Employers expect medical patients to consume cannabis only on their own time.
Medical Marijuana Discrimination
Under most circumstances, if you use medical marijuana outside of the workplace and during off-hours, that is your business. An employer can only restrain off-the-clock marijuana consumption if the employee performs certain dangerous job functions and exceeds the legal limit of THC.
Otherwise, the Pennsylvania Medical Marijuana Act has protections against employment discrimination for patients. The act prevents your status as a medical cannabis patient from affecting an employer’s business decisions.
You might have a lawsuit if an employer does any of the following because you are a medical marijuana patient:
- Refuses to hire you
- Fires you or threatens to fire you
- Denies you certain job assignments or tasks
If you are a registered medical cannabis patient in Pennsylvania and feel that an employer has discriminated against you because of that status, you might want to speak with an attorney. Because cannabis remains unlawful at the federal level, talking to a lawyer with experience in both medical marijuana and employment law can help you better understand your rights and protections.
Contact Weisberg Cummings to Learn More About Your Rights
If you suspect an employer is discriminating against you for your use of legal medical marijuana in the Harrisburg, Lancaster, Reading, Lebanon, York or Mechanicsburg areas, or anywhere in Pennsylvania, it is time to contact the skilled employment attorneys at Weisberg Cummings, P.C.
With 40 years of combined experience and expertise in employment discrimination, our team of lawyers is here to support you. We offer personalized legal services to give your situation the attention it deserves.
Want to learn more about your rights as a medical marijuana patient? Schedule a free consultation today.
