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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 work in the service industry, hospitality, or at a desk job, you are likely to get the laws full protections, but blue collar employees may not be protected from being fired or not hired.. Will you do your part today by making a contribution? 1-877-564-2333 contact form J. J. Keller. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA. Douglas is happy to be back in his regular job doing work he enjoys. 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). 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. Before you move on, I was hoping you would consider taking the step of supporting Spotlight PAs journalism either one time, or with a monthly gift. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! We have no billionaire owner or shareholders to consider. Jack Lehr Electric declined to comment for this story, through an attorney. ( 382.301 ). 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. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Especially if you need to use medical marijuana to manage your condition during the work day. 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 . By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. Juvenile Law Center. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. Medical marijuana use in the workplace can be a complicated legal maze. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. Security officials will check your marijuana card before allowing you in. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job., I have had firefighters tell me that its changed their life dramatically, Leech said. Vaccinations. Some saliva tests have detected . We shouldnt be limited. 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. I hope you appreciated this article. How long are people impaired from cannabis? 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. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Still, he worries the company could find another reason to drug test him. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. As a special bonus, all new monthly gifts made today will be matched as 12X their value thanks to the generosity of the Lenfest Institute for Journalism. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA.Douglas is happy to be back in his regular job doing work he enjoys. And what are the limitations? But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. Unfortunately, the answer is yes, they can. 3. foundations and readers like you 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. If you value this reporting, please give a gift today at Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. 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. Its possible, depending on the job, Auerbach says. 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.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. Editor in Chief. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. The employee handbook available on the ODAPC Web site provides examples of conduct that the regulations define as refusing a test ( 49 CFR Part 40 Subpart I and Subpart N) and what happens if you test positive, refuse a test, or violate FMCSA regulations. 3,515 views 3 comments 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.. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at 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. 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. 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. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. 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.. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 of Health and talked to workers at various . 3. We have no billionaire owner or shareholders to consider.Our journalism is produced to serve the public interest not profit motives.Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. So, what are your rights as a medical marijuana patient when it comes to employment? In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. 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. 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. 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. As a special bonus, all new monthly gifts made today will be matched as 12X their value thanks to the generosity of the Lenfest Institute for Journalism.Youve been reading our work. The application process takes about 7 to 10 days on average. Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. Although Pennsylvania employers cannot take action against employees because they . Spotlight PA is different. (Fall 2017 [updated March 2021]) Medical Review Officers (MROs) offer important oversight in the drug testing process by making the final determining if a drug test is ruled positive or negative.The MRO's role is to verify that an individual has a legal explanation, i.e., a prescription, for having a substance in his/her system at the level it shows. 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. 1. Employee Prescription Medications Form Additional Resources CDL Coordinators List Employee Guide to CDL Drug and Alcohol Testing OA-Workplace Support is available to assist with any substance abuse issues and can be contacted at 717.787.8575 or ra-workplacesupportservices@pa.gov. Snare told him she was checking with her attorney and would get back to him. But he didnt want to stop using cannabis to treat his pain. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Now join thousands of your friends and neighbors in supporting it.With gratitude, Be extra careful if applicants state they have a medical marijuana card. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. 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. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 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. What are the qualifying conditions in PA? 14, 2022by 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. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA. After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. That led the companys president to flag his marijuana use as a public safety issue and issue him an ultimatum: pass a drug test or lose his job. 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. Losing a job over a positive drug test can put unemployment benefits at risk. Losing a job over a positive drug test can put unemployment benefits at risk. 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. Answered October 5, 2018. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. Steven Auerbach, JD, Narberth-based employment attorney. Immigration Physicals. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. 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. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Moyer said he had a medical marijuana card at the time.I felt betrayed, he told Spotlight PA.When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. You'll need a driver's license or state-issued photo ID, and to be 18 years old. More than 30 employer groups, including the Pennsylvania Chamber of Business and Industry, have urged the legislature to provide clear guidance on marijuana and workplace safety issues. Read Later. 2. While non-safety-sensitive workers can rely on significant employment protections thanks to the Oklahoma Medical Marijuana and Patient Protection Act, the bill doesn't prevent employers from enacting drug testing policies in their workplaces, even for those with valid medical marijuana licenses. The use and sale of marijuana is completely illegal. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Buy marijuana from cannabis dispensaries in the State of Virginia. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. 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. 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.. 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. (Medical card only, not the long form.) The information provided here does not . The lack of clarity is frustrating for employers too. 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. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. What About Medications? Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. 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. The safety question is a complex one. The regulation found at 49 CFR 383 implements the 1991 Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. To be on the safe side, they cannot be using marijuana at work or be under the influence while at work. 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.. 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. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. Report. best-of, and more. A spokesperson for the Department of Labor and Industry said the agency doesnt have statistics for the number of people initially denied benefits in cases similar to Moyers.Different approachesPennsylvanias 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.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.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. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. 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. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. Tasks that the employer deems life-threatening, to you personally or to any other employees. Self-Certification Form (DL-11CD) - download the form here from PennDOT. 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. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. journalism every Thursday, plus a weekly riddle. Spotlight PASupport This Work A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. 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. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. The employee, a Security Analyst, was required to submit to a return-to-duty drug test after being on leave for more than 90 days due to a surgery. Currently we've seen DOT physicals charged anywhere between $50 and $300. 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. 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. Auerbach advises that you shouldnt lie about it, but if theres any reason to avoid telling them, dont go out of your way to tell them.. Moyer said he had a medical marijuana card at the time. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. With gratitude, 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. That leads to inconsistency and what employers see as a lose-lose scenario: Either risk a wrongful termination suit, or potentially allow an unsafe work environment. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. In many cases, using medical marijuana while on the job is at the discretion of your employer. Residents of 33 states plus D.C can access medical marijuana. Those include: Work performed at heights or in confined spaces, (such as mining). 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. Here is more information on getting a driver's license or ID card in Pennsylvania. I gotba med card. 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.