Often this term is used in the context of drivers who pose a safety risk. So having a marijuana card is the only way to get legal access to medical marijuana until then. 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. 1200 New Jersey Ave, SE Washington, DC 20590 United States. Pre-Employment Urine Test as a Med Card Holder Pennsylvania Court: Medical Marijuana Act Allows Employees to - SHRM The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. 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. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. 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. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . 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. 2022, Pennsylvania Department of Health, August 1-877-564-2333 contact form J. J. Keller. 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 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. 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. Getting Medical Marijuana in Pennsylvania - PA.GOV In 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. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. 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. . In Delaware, MedExpress is referred to as MedExpress Walk-In Care. Is there a standard definition of impairment for cannabis? The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. The protection isnt quite as robust as you might think.. 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. 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. Workers with medical marijuana cards in PA face firing A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Can I be fired in Pennsylvania for using medical marijuana? - Inquirer.com With gratitude, What do I do once a doctor issues my certification? His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. No. Currently, federal law still issues severe penalties for the use of medical marijuana. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. And some states offer stronger protections. PaulaTexas patient. 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. 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. 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. The worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. Losing a job over a positive drug test can put unemployment benefits at risk. Things are less clear cut if you have a felony conviction, however. 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. 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 . Still, the future of the legislation is unclear. best-of, and more. 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. Frequently Asked Questions - FMCSA DOT Physical Requirements Spotlight PA is different. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. 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. 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. The information provided here does not . 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. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. Practical Insights on Medical Marijuana for PA Employers - East Coast Can I Get a Medical Marijuana Card If I Have a Felony? - WayofLeaf 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. Can You Have a CDL and a Medical Marijuana Card? - Leafwell We shouldnt be limited. Frequently Asked Questions for Medical Marijuana - Arkansas MMJ Card Urgent Care. How to become a caregiver in PA? Can Doctors, Nurses Smoke Marijuana? (License FAQ) - Chudnovsky Law Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. Some states allow employers to kick against medical marijuana for safety. 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. 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. 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. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. No. BLOG: What You Need to Know About Medical Marijuana in Pennsylvania National Conference of State Legislatures. New Card $199, Renewal $100, Returning Patients $50. 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. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. General DQ Questions Medical Exams Audits. My confidence is still shattered, Clark said in an interview. Arkansas does not provide protection to medical marijuana patients from employee drug testing. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. 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. They said he was told he could return to work in a position that would not require him to operate power equipment.. . I am sorry but as of now, you no longer work for us.Clark later found a job at another business. Usually clinics are busy and impersonal, but everyone was so nice! Can You Get Fired For Having A Medical Card In Pennsylvania? 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. Mississippi, which legalized medical marijuana last Wednesday after the Mississippi Medical Cannabis Act also known as Senate Bill 2095 was signed into law, also has protections that. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. Report. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Office of Drug & Alcohol Policy & Compliance. 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. We shouldnt be limited. 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. Self-Certification Form (DL-11CD) - download the form here from PennDOT. What About Medications? In many cases, using medical marijuana while on the job is at the discretion of your employer. Has your Pennsylvania employer or prospective employer asked you to take a drug test? report from the National Institute on Drug Abuse. who are committed to accountability journalism that gets results. Asked June 14, 2017. . In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. Thats all true for employees of private companies, . It is, therefore . Update - Medical Marijuana in the Pennsylvania Workplace Pennsylvanias 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. And it seems like were not. spotlightpa.org/donate. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). Answered October 5, 2018. Medical Marijuana Act | Employer Rights MMA | Lancaster CPA Firm They can potentially discipline you for that.. The safety question is a complex one. Medical Marijuana And Drug Tests | Marijuana & The Workplace New Cannabis Rules for Employers Pennsylvania and New Jersey Employers A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. The criteria usually include being a resident of the state and having a qualifying condition. 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. 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. 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. (Medical card only, not the long form.) Also, employee protection laws vary by state. 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. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. 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. Unfortunately, the answer is yes, they can. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. 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. Its possible, depending on the job, Auerbach says. 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. 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. foundations and readers like you 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. 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. Still, he worries the company could find another reason to drug test him. Although Pennsylvania employers cannot take action against employees because they . State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. 2022Pennsylvania Department of Health, July A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. 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. Your Guide to Pennsylvania Medical Marijuana Laws | Green Health Docs 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.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.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. 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. Security officials will check your marijuana card before allowing you in. people, places, and food of Pa. every Friday, plus events, guides, 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.