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. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. What are the qualifying conditions in PA? Pennsylvania has a three-step process for patients to obtain a medical cannabis card. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. The governor will sign the bill on Sunday. 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. ( 382.301 ). Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. Will I get a job if I test positive and fail a medical marijuana drug test? 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. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. 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). Editor in Chief. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. Without a valid DOT medical card, you can lose your CDL. The application process takes about 7 to 10 days on average. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. Everyone deserves access to the facts. They think they have a card and they are protected, like I did.. We still have the right to earn a living.. And what are the limitations? Some states allow employers to kick against medical marijuana for safety. Buy marijuana from cannabis dispensaries in the State of Virginia. 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.. 2022Pennsylvania Department of Health, July Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. 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. Those include: Work performed at heights or in confined spaces, (such as mining). He was demoted from that job to one that paid almost half, according to the lawsuit. Copy of your valid DOT medical card. 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. PaulaTexas patient. I hope you appreciated this article. Get Certified by a Physician 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. The passage of this bill is a thrilling success for patients and families who will benefit from this treatment, as well as for advocates and members of the House and Senate who have fought tirelessly for this cause for . On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. Most MMJ programs also have a minimum age limit of 21. Vaccinations. Be extra careful if applicants state they have a medical marijuana card. 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. But what about work? 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. 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. 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.. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. With gratitude, New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. Youve been reading our work. Medical marijuana patient reciprocity in the United States is currently allowed in Arizona , Arkansas, Hawaii, Maine, Michigan, Nevada, New Hampshire, New Mexico, Oklahoma, Puerto Rico, Rhode Island, Utah, and Washington DC. 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. Gullen adds that if youre applying for a job that you know does drug testing, you may want to be up front about your status, and be able to provide supporting documentation. 1-877-564-2333 contact form J. J. Keller. 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. 1. 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. Pre-Employment Urine Test as a Med Card Holder. Often this term is used in the context of drivers who pose a safety risk. It limits your ability to manage your medical condition.. Thats all true for employees of private companies, . Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. Random Testing I gotba med card. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Security officials will check your marijuana card before allowing you in. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. 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. 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.This article and all of our journalism are available to you at no cost thanks to our supporters. 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. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. 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.. 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. 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. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. 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. 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.. Conclusion. What do I do once a doctor issues my certification? But he didnt want to stop using marijuana. 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. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program.