Marijuana is still illegal at the federal level, which can create additional complications for some industries. Can Doctors, Nurses Smoke Marijuana? (License FAQ) - Chudnovsky Law Pennsylvania CDL and DOT Medical Card Requirements If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. They think they have a card and they are protected, like I did.. who are committed to accountability journalism that gets results. What do I do once a doctor issues my certification? 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. 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. Your Guide to Pennsylvania Medical Marijuana Laws | Green Health Docs Can I be Fired for Using Medical Marijuana? - Sidney Gold & Assoc. LLC Leise Hook Physicians for Reproductive Choice and Health (PRCH) To order more cards or if you have any questions or comments, please contact the Clara Bell Duvall Reproductive Freedom Project, ACLU-PA at 215.592.1513 x115 or email duvall@aclupa.org. Before a drug test is verified as positive, a medical review officer (MRO) must first ask the individual whether he/she has a legitimate medical reason for testing positive. Self-Certification Form (DL-11CD) - download the form here from PennDOT. 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. I feel like I have a target on my back, Douglas told Spotlight PA in June. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Jack Lehr Electric declined to comment for this story, through an attorney. DOT drug and alcohol tests include: Pre-employment - An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. And it seems like were not. In some cases, employees alleged they were punished without even undergoing a drug test. What are your rights as a medical marijuana patient when it comes to employment? 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. 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. We dont believe vital investigative and public-service journalism should be hidden behind a paywall or only for those who can afford a subscription fee. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. I hope you appreciated this article. We shouldnt be limited. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position.I feel like I have a target on my back, Douglas told Spotlight PA in June.A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies.PGWs first responsibility is always the safety of our employees, customers, and communities across the City of Philadelphia and ensuring safety throughout all our operations, spokesperson Richard Barnes said in an email.Asking for clarityAttorneys in a Lancaster County case recently asked Pennsylvania Superior Court judges to provide guidance on what it takes to win a wrongful termination lawsuit under the states medical marijuana law and specifically what protections employees have if they exclusively use marijuana on an off-duty basis.That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. What About Medications? Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 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. But restrictions on other workers such as those working at heights or in confined spaces are more vague.The law also allows employers to prevent workers from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana, a provision that can be interpreted many ways.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.Pennsylvanias law doesnt specifically address the rights of patients to use the drug when they arent at work, and unlike some other states, it doesnt include protections for them if they fail a drug test but are not impaired.[The law] kind of gives with one hand and takes it away with the other hand, said Judith Cassel, a Harrisburg attorney who specializes in cannabis issues. What to bring to a DOT physical; People want jobs, not lawsuits, Auerbach says. Medical Marijuana | Employee Drug Testing | Pennsylvania MMJ Laws 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. 1-877-564-2333 contact form J. J. Keller. A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users. The bill passed out of committee on a party-line vote with all Republicans in favor. 2022Pennsylvania Department of Health, July Yes for full time. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. journalism every Thursday, plus a weekly riddle. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. What are your rights at work if you use medical marijuana? 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. 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. 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.An Allentown company fired a warehouse worker after he tested positive for marijuana use. Pennsylvania Court: Medical Marijuana Act Allows Employees to - SHRM Ed MahonSpotlight PAIllustrations by With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. Absent a change in federal or state law, thats not likely to change soon. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 Steven Auerbach, JD, Narberth-based employment attorney. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. Driver Qualification FAQs | DOT Medical Card & Physical | J.J. Keller While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. DOT Physical Requirements - Concentra Occupational Health - Concentra Depending on how valuable you are to . Frequently Asked Questions - FMCSA DOT Physical Requirements 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. Can You Pass A Drug Test With A Medical Marijuana Card? (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. Pennsylvania's Medical Marijuana Laws - Hark and Hark Medical Marijuana And Drug Tests | Marijuana & The Workplace Employee Drug Testing and the Pennsylvania Medical Marijuana Law: What The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. 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 what about work? 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. Email: ODAPCWebMail@dot.gov Phone: 202-366-3784 Alt Phone: 800-225-3784 Fax: 202-366-3897 If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From The new FMCSA Medical Examination Forms (2016) and reporting system have increased administrative work and time for medical examiners, and costs for the DOT physical exam are rising accordingly. Does a Medical Marijuana Card Affect Employment? - Heally Is there a standard definition of impairment for cannabis? Refusals to submit to a drug or alcohol test are defined in 382.107. Conclusion. This article and all of our journalism are available to you at no cost thanks to our supporters. New Pennsylvania Laws Affect Pre-Employment Marijuana Testing But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. PACE Program - Pennsylvania Department of Aging It should be more clear, Moyer told Spotlight PA. A lot of people dont know. We still have the right to earn a living.Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues.Clarks counsel claimed he never used marijuana on the job, never worked impaired or under the influence, and never consumed marijuana within eight hours of the start of a shift.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.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.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.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. 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. This excludes testing of employees in positions with federal drug-testing requirements. people, places, and food of Pa. every Friday, plus events, guides, Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. The lack of clarity is frustrating for employers too. He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Employers and Legal Marijuana. Marijuana Laws by State Editor in Chief. 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. 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. Most MMJ programs also have a minimum age limit of 21. plus a daily puzzle. 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. Spotlight PASupport This Work Report. He was demoted from that job to one that paid almost half, according to the lawsuit. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. Workplace Drug Testing in Pennsylvania | Nolo But he didnt want to stop using cannabis to treat his pain. Can I be fired in Pennsylvania for using medical marijuana? - Inquirer.com of Health and talked to workers at various . Asked June 14, 2017. . I felt that we were protected. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. 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. Vaccinations. Be extra careful if applicants state they have a medical marijuana card. . In Pennsylvania, New Jersey, and many other states, failing a drug test with a medical marijuana card does not guarantee any sort of action against you. Pre-Employment Urine Test as a Med Card Holder. 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. Guide to Getting a Pennsylvania Medical Marijuana Card | RISE 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. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. 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. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. Currently, federal law still issues severe penalties for the use of medical marijuana. How Getting a Medical Marijuana Card in Oklahoma Can Affect - NuggMD Can You Use Your Medical Marijuana Card in Another 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.. Some places have found a way to reduce uncertainty. What tests are required and when does testing occur? | FMCSA Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Some saliva tests have detected . He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. The criteria usually include being a resident of the state and having a qualifying condition. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. How to become a caregiver in PA? After employees lose their job, they can run into other problems. DOCX Drug Free Workplace PA (DFWPA) But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. 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. We shouldnt be limited. 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. The Investigator (Weekly): Best accountability Read Later. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Has your Pennsylvania employer or prospective employer asked you to take a drug test? 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. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. 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.How long are people impaired from cannabis?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.Is there a standard definition of impairment for cannabis?No. 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. Will you do your part today by making a contribution? An Allentown company fired a warehouse worker after he tested positive for marijuana use. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. 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. Do I need a referral from a marijuana doctor in PA? 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. For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at They think they have a card and they are protected, like I did.Jack Lehr Electric declined to comment for this story, through an attorney. report from the National Institute on Drug Abuse. So having a marijuana card is the only way to get legal access to medical marijuana until then. Currently, he says, its not clear how courts would react to such a lawsuit, so public employees may be left in the lurch when it comes to medical marijuana employment protections. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Losing a job over a positive drug test can put unemployment benefits at risk. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too.

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