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. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Pre-Employment Urine Test as a Med Card Holder. 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? 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. 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. Saliva tests can detect cannabis for approximately 24 hours after use. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Unfortunately, the answer is yes, they can. who are committed to accountability journalism that gets results. For the more than 400,000 medical marijuana patients in the state, the stakes are high. After employees lose their job, they can run into other problems. This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. 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.But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. The unemployment board later ruled in his favor, saying that the bare test results do not disclose how recently the claimant may have ingested marijuana before reporting to work or that his work performance somehow was impaired on the day of the test. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. Moyer said he had a medical marijuana card at the time. 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. PA Local (Weekly): A fresh look at the incredible 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 . A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. foundations and readers like you 3,515 views 3 comments Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. If you value this reporting, please give a gift today at So having a marijuana card is the only way to get legal access to medical marijuana until then. 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. While many of its neighbors are actively striving for easier access to medical marijuana, Pennsylvania is still adamant in confusing its patient community with its contradictory drug testing laws. 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. To register for the medical marijuana program, you must have a Pennsylvania driver's license or an ID card issued by the Pennsylvania Department of Transportation. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Most MMJ programs also have a minimum age limit of 21. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. 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. Steven Auerbach, JD, Narberth-based employment attorney. Medical marijuana use in the workplace can be a complicated legal maze. How long after gettin job i have to do drug test. However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. 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. During your first visit to a weed dispensary in Pennsylvania, you'll need to have your Pennsylvania state ID or driver's license and medical marijuana card. What About Medications? Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. 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. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 3. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. 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. . Now join thousands of your friends and neighbors in supporting it.With gratitude, 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. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. We have no billionaire owner or shareholders to consider. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. In some cases, employees alleged they were punished without even undergoing a drug test. It limits your ability to manage your medical condition.. 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. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers.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.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.Fights in courtsIn lawsuits, medical marijuana patients said they were denied or fired from a variety of jobs: forklift operator, welder, medical assistant, construction worker, emergency medical technician, and customer service representative.Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Although a standard drug test isn't conducted during DOT physicals, the medical examiner will review your current medications with you - including those you take for diabetes, heart disease, neurological conditions, mental health conditions or recent surgeries. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. Ohio Valley Society for Adolescent Medicine. I have quit smoking in the meantime just in case, but it will . Find a Drug Test Location. Those include: Work performed at heights or in confined spaces, (such as mining). In some cases, employees alleged they were punished without even undergoing a drug test.In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. How do I register with the department of health? Here is what you need to know. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. 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. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. It is, therefore . Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. 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.. The governor will sign the bill on Sunday. 2022, His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. best-of, and more. Ed MahonSpotlight PAIllustrations by 2022Pennsylvania Department of Health, July They think they have a card and they are protected, like I did.. Marijuana is still illegal at the federal level, which can create additional complications for some industries. 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. 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. 1. for And some states offer stronger protections. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 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. I hope you appreciated this article. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From 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 fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. And it seems like were not. Answer See 3 answers. 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. Losing a job over a positive drug test can put unemployment benefits at risk. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. 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.. Attorneys 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..