Pre-Employment Urine Test as a Med Card Holder. Unsurprisingly, the employee tested positive for . 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. Immigration Physicals. The lack of clarity is frustrating for employers too. Leise Hook Because in theory, this should be protected under HIPAA laws. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. Many have been settled before a judge could rule on the merits of the case.Employers and workers alike have asked for greater clarity but the legislature and governor have so far failed to explicitly outline the rights of scores of employers and workers.It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA.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. (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. 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 . Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. 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. How do you get your medical marijuana card in PA? Conclusion. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 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. I am sorry but as of now, you no longer work for us.. Read Later. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. They can potentially discipline you for that.. We shouldnt be limited. Copy of your valid DOT medical card. Report. Answered October 5, 2018. Spotlight PA is different. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. So having a marijuana card is the only way to get legal access to medical marijuana until then. 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.In June 2021, Commonwealth Court ruled in Moyers favor, a victory in a battle he thinks he shouldnt have had to fight in the first place. The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal., A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public., Mensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable., Still, Democrats on the committee raised concerns about how employers would judge impairment. Christopher Baxter National Conference of State Legislatures. 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. Although Pennsylvania employers cannot take action against employees because they . Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 The medical marijuana users will soon be driving with the marijuana metabolites . They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Vaccinations. Youve been reading our work. Office of Drug & Alcohol Policy & Compliance. 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. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. So, what are your rights as a medical marijuana patient when it comes to employment? 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. 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.. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at We have no billionaire owner or shareholders to consider. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. New Card $199, Renewal $100, Returning Patients $50. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. 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. 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. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. I felt that we were protected. // *VA healthcare enrollees do not require a referral or prior authorization and can receive . Everyone deserves access to the facts. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. 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 law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. It also prohibits patients from participating in certain high-risk activities while using medical . The employee handbook available on the ODAPC Web site provides examples of conduct that the regulations define as refusing a test ( 49 CFR Part 40 Subpart I and Subpart N) and what happens if you test positive, refuse a test, or violate FMCSA regulations. 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. And what are the limitations? But he didnt want to stop using marijuana. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. 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. 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. Still, he worries the company could find another reason to drug test him. 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.. Residents of 33 states plus D.C can access medical marijuana. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. The tests dont tell you whether an employee was impaired at work. By Mail: PennDOT Bureau of Driver Licensing P.O. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 2022Pennsylvania Department of Health, July I've called the PA Dept. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. 2022, Pennsylvania Department of Health, August In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. 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. 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. 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. 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. 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. If your policy requires preemployment drug testing, then conduct the 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. Moyer said he had a medical marijuana card at the time. 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. This is, however, based on the law in the state at that time. 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 . So employers and employees are both left with a lot of ambiguity.. This excludes testing of employees in positions with federal drug-testing requirements. The card is generally valid for one year and can be renewed. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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. 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. 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. 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. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. Refusals to submit to a drug or alcohol test are defined in 382.107. The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. 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. [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. How to become a caregiver in PA? It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company 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. Those include: Work performed at heights or in confined spaces, (such as mining). For the more than 400,000 medical marijuana patients in the state, the stakes are high. 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. 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. 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. ( 382.301 ). Pennsylvania provides employment protections to medical marijuana patients, but they are limited. This excludes testing of employees in positions with federal drug-testing requirements. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. But restrictions on other workers such as those working at heights or in confined spaces are more vague. You usually have to pay a fee to get this card. Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. 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. It improves my mood.. 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. marijuana card at the time of the positive drug . 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. 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. Yes for full time. Has your Pennsylvania employer or prospective employer asked you to take a drug test? 1. Addressing the topic, one can be drug tested even with a medical marijuana card. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. . Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. 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. Does wegmans drug test part time 15 year olds? I hope you appreciated this article. Be extra careful if applicants state they have a medical marijuana card. 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. But he didnt want to stop using cannabis to treat his pain. 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. What are your rights at work if you use medical marijuana? Our journalism is produced to serve the public interest not profit motives. That section states: But what about work? foundations and readers like you Losing a job over a positive drug test can put unemployment benefits at risk. 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. Asked June 14, 2017. . 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. Clark later found a job at another business. It is, therefore . The use and sale of marijuana is completely illegal. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Fast and Simple. plus a daily puzzle. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. Urgent Care. 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. 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 worker did obtain a doctor's note and renewed the identification card, but they were still terminated by their employer. How long is marijuana use detectable in a drug test? 2022Pennsylvania Department of Health, August The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. They said he was told he could return to work in a position that would not require him to operate power equipment.. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. Juvenile Law Center. Contact Us. Pennsylvanias medical marijuana law doesnt define impairment. 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.. 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.. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. 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. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. The application process takes about 7 to 10 days on average. Will I get a job if I test positive and fail a medical marijuana drug test? 1200 New Jersey Ave, SE Washington, DC 20590 United States. Some states allow employers to kick against medical marijuana for safety. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. The governor will sign the bill on Sunday. General DQ Questions Medical Exams Audits. Those protections apply to things like preemployment and random drug testing, meaning that you cant be denied a job or, in most cases, fired from one you already have if you fail a drug test for marijuana, says Narberth-based employment attorney Steven Auerbach. You'll need a driver's license or state-issued photo ID, and to be 18 years old. For more information about medical marijuana and drug testing, contact 610-738-2450. 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. 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. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. 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. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. 2022Pennsylvania Department of Health, July On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. With gratitude, 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. Spotlight PA relies on funding from In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. The protection isnt quite as robust as you might think.. 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. The information provided here does not . 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. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. Steven Auerbach, JD, Narberth-based employment attorney. Still, he worries the company could find another reason to drug test him. of Health and talked to workers at various . 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. Still, the future of the legislation is unclear. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. 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.. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Gun Owners Do Not Qualify for Medical Marijuana In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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). 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. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. And its unlikely that an employer will ask if you are one (though thats not prohibited by law).