Spotlight PA is different. 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. Now join thousands of your friends and neighbors in supporting it.With gratitude, In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. 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. 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. Our focus on education, inclusion, and acceptance will reduce stigma for our patients by providing equal access to timely information and compassionate care. Christopher Baxter What About Medications? Also, employee protection laws vary by state. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination 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. Usually clinics are busy and impersonal, but everyone was so nice! for journalism every Thursday, plus a weekly riddle. 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. 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. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. And what are the limitations? 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. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. So employers and employees are both left with a lot of ambiguity.. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.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.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. The information provided here does not . Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. 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. Buy marijuana from cannabis dispensaries in the State of Virginia. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. General DQ Questions Medical Exams Audits. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Christopher Baxter Spotlight PA is different. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. After the first visit, you will only need your marijuana card. It improves my mood.. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. 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. Is there a standard definition of impairment for cannabis? 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. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 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. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. If you are fired or refused a job because of your status as a medical marijuana patient, in many cases, you can file a lawsuit. 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. The tests dont tell you whether an employee was impaired at work.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. Conclusion. Fast and Simple. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. 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. Although Pennsylvania employers cannot take action against employees because they . Unfortunately, the answer is yes, they can. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. What are the qualifying conditions in PA? Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. But he didnt want to stop using cannabis to treat his pain. 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., Pennsylvania Department of Health, July 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. They think they have a card and they are protected, like I did.. However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. Without a valid DOT medical card, you can lose your CDL. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. And it seems like were not. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . 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. You usually have to pay a fee to get this card. 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. 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. That section states: Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers. (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. 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. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. 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. Snare told him she was checking with her attorney and would get back to him. 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. You'll need a driver's license or state-issued photo ID, and to be 18 years old. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. So having a marijuana card is the only way to get legal access to medical marijuana until then. Often this term is used in the context of drivers who pose a safety risk. Ed MahonSpotlight PAIllustrations by I felt that we were protected. The lack of clarity is frustrating for employers too. Spotlight PA relies on funding from They are being forced to choose between their jobs and their medicine. 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.. So, what are your rights as a medical marijuana patient when it comes to employment? 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. Pennsylvanias law does not require employers to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. And, whats more, employers are able to discipline you for using medical marijuana in the workplace, or for being under the influence of the drug if your conduct falls below the standard of care normally accepted for your position. 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. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. What are your rights as a medical marijuana patient when it comes to employment? After employees lose their job, they can run into other problems. Depending on the laws of the state and company policy, you may be screened for pot to see if you have a positive drug test before a company offers you a job. How long is marijuana use detectable in a drug test? His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 1. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. He was demoted from that job to one that paid almost half, according to the lawsuit. Even if you can file a lawsuit, keep in mind that it takes time up to 18 months, in Auerbachs estimation before a judge could possibly rule in your favor. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. This is because state laws may define a drug. Jack Lehr Electric declined to comment for this story, through an attorney. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! 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.. 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. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. We still have the right to earn a living.. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.Taxpaying medical marijuana cardholders are finding really no safe harbor on the job, which should be guaranteed under existing Pennsylvania law, Todd Eachus, a member of the pro-cannabis legalization group Perfectly Normal, told lawmakers last year.For the more than 400,000 medical marijuana patients in the state, the stakes are high. Report. Immigration Physicals. 2022Pennsylvania Department of Health, July Contact Us. 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. Has your Pennsylvania employer or prospective employer asked you to take a drug test? For more information about medical marijuana and drug testing, contact 610-738-2450. 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. 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. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. What to bring to a DOT physical; Things are less clear cut if you have a felony conviction, however. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. 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. Its possible, depending on the job, Auerbach says. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. In many cases, using medical marijuana while on the job is at the discretion of your employer. Im in boston do they drug test for marijuanna. 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. From the legalization of recreational use to expanding medical marijuana access, lowering penalties for possession, allowing home cultivation, and establishing a taxation and regulation system for the marijuana industry, these changes could have significant implications . New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. Asked June 14, 2017. . I felt that we were protected. We have no billionaire owner or shareholders to consider. The Department of Transportation's Drug and Alcohol Testing Regulation - 49 CFR Part 40, at 40.151 (e) - does not authorize "medical marijuana" under a state law to be a valid medical explanation for a transportation employee's positive drug test result. Now join thousands of your friends and neighbors in supporting it. marijuana card at the time of the positive drug . They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Urgent Care. Some states have expanded protections for workers who use marijuana on their own time. And what are the limitations? 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. 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. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. 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.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.The safety question is a complex one. I am anticipating a job offer from P/enelec aka F/irst E/nergy as a DSO (distribution system operator) and they have a strict no drug/alcohol policy with a pre-employment drug test as well as random drug tests periodically. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. plus a daily puzzle. 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. 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. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 How to become a caregiver in PA? Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. 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. 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. 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 didnt want to stop using cannabis to treat his pain. Always be aware of your state laws concerning drug testing for employers and job applicants. However, when I called Occupational Health (a place that does biometric testing), they said if you present your med card, they will mark your urine test results negative for marijuana, regardless of the actual results. 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. Youve been reading our work. The bill passed out of committee on a party-line vote with all Republicans in favor. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 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. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. 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. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. Tasks that the employer deems life-threatening, to you personally or to any other employees. 1-877-564-2333 contact form J. J. Keller. ( 382.301 ). 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. 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. It is, therefore . Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. 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. 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. Its complicated. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. They said he was told he could return to work in a position that would not require him to operate power equipment.. The criteria usually include being a resident of the state and having a qualifying condition. Currently, federal law still issues severe penalties for the use of medical marijuana. . In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. 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. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. Refusals to submit to a drug or alcohol test are defined in 382.107. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. Ordinarily, that law would require an employer to make a reasonable accommodation for a person with a disability but because marijuana is federally illegal, Gullen notes, the ADA wouldnt apply. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. I gotba med card. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. Vaccinations. Pennsylvania Court: Medical Marijuana Act Allows Employees to Sue for Bias The Superior Court of Pennsylvania recently held that the state's medical marijuana act allowed an employee to sue. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. But that, Gullen says, is an unsettled area of the law. Auerbach says that filing a claim under the ADA or PHRA mostly depends on whether your employer knows what your disability is not just whether they know youre a medical marijuana patient so it can get complicated.