Medical Marijuana Employment Laws in PA

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.

In 2016, Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (Act 16) into law, making medical cannabis legal and accessible for eligible residents in the state. Pennsylvania does not allow recreational marijuana use in any form. As of November 2023, 24 states have legalized marijuana for recreational use. Thirty-eight states allow the use of cannabis for medicinal consumption.

Is Medical Marijuana Legal in Pennsylvania?

Medical marijuana is legal in Pennsylvania and has been so since 2016. Act 16 allows 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

Pennsylvania’s 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

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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.

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Pennsylvania Medical Marijuana Laws for Employers