Can You Be Drug Tested If You Have a Medical Marijuana Card? Everyone deserves access to the facts.Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news.Thats why we need your help now.Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. How long is marijuana use detectable in a drug test? It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana.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.More From Spotlight PARare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHow we tracked workplace lawsuits involving Pa.s medical marijuana lawA complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana programMensch 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. 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.. 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. Department of Veterans Affairs Policy on Medical Marijuana The use and sale of marijuana is completely illegal. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. Residents of 33 states plus D.C can access medical marijuana. 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. 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. Frequently Asked Questions About Medical Marijuana in Virginia A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Do I need a referral from a marijuana doctor in PA? What are the qualifying conditions in PA? Can You Get Fired For Having A Medical Card In Pennsylvania? No. Use of medical marijuana is probably not a "legitimate medical reason" for testing positive for marijuana on a drug test; thus, the test will be deemed positive. . 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. Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. . Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Some places have found a way to reduce uncertainty. 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. (Medical card only, not the long form.) Declaring a Drug Test Positive: Who Has Final Say on Medical Marijuana Still, he worries the company could find another reason to drug test him. 3,515 views 3 comments Self-Certification Form (DL-11CD) - download the form here from PennDOT. Getting Medical Marijuana in Pennsylvania - PA.GOV 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. BLOG: What You Need to Know About Medical Marijuana in Pennsylvania 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. Losing a job over a positive drug test can put unemployment benefits at risk. Spotlight PASupport This Work In many cases, using medical marijuana while on the job is at the discretion of your employer. He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. 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. Answer See 3 answers. It is, therefore . What if I fail or refuse a test? | FMCSA - Federal Motor Carrier Safety Urgent Care. 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 . Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Can I Get Fired for Using Medical Marijuana if I Have a Missouri The Investigator (Weekly): Best accountability He was demoted from that job to one that paid almost half, according to the lawsuit. 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. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. Tasks that the employer deems life-threatening, to you personally or to any other employees. 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. ( 382.301 ). The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. You'll need a driver's license or state-issued photo ID, and to be 18 years old. Our journalism is produced to serve the public interest not profit motives. 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 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. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. 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. Frequently Asked Questions for Medical Marijuana - Arkansas MMJ Card Spotlight PA is different. 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. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. Leise Hook 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. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. How do you get your medical marijuana card in PA? 1. 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.. Employee Can Bring Claim Under Pennsylvania Medical Marijuana Act Immigration Physicals. Your Guide to Pennsylvania Medical Marijuana Laws | Green Health Docs 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. I'm a general assignment breaking news reporter. 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. Employers and Legal Marijuana. Marijuana Laws by State What do I need for my appointment? And it seems like were not. The information provided here does not . foundations and readers like 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. Video. Workplace Drug Testing in Pennsylvania | Nolo 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. Im in boston do they drug test for marijuanna. 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. Fast and Simple. 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. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private 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. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Office of Drug & Alcohol Policy & Compliance. The lack of clarity is frustrating for employers too. 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 . 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. Its possible, depending on the job, Auerbach says. But there is no similar national standard for drugged driving.. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). Editor in ChiefCLICK TO CONTRIBUTE NOW ReportingEd MahonSpotlight PAemahon@spotlightpa.orgIllustrationsLeise HookSpotlight PAEditingSarah HutchinsInvestigations Editorshutchins@spotlightpa.orgFact-Checking and Copy EditingStephen KearseAssistant Editorskearse@spotlightpa.orgLayoutEthan Edward CostonSpotlight PA100% Essential ReportingSpotlight PA relies on funding from Its complicated. The criteria usually include being a resident of the state and having a qualifying condition. They think they have a card and they are protected, like I did.. If your policy requires preemployment drug testing, then conduct the test. Usually clinics are busy and impersonal, but everyone was so nice! spotlightpa.org/donate. Now join thousands of your friends and neighbors in supporting it.With gratitude, 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. Security officials will check your marijuana card before allowing you in. 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. 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. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. They are being forced to choose between their jobs and their medicine. 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. 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). 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. 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. Some saliva tests have detected . State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. 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. 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. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. But he didnt want to stop using cannabis to treat his pain. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. 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. Always be aware of your state laws concerning drug testing for employers and job applicants. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. It limits your ability to manage your medical condition.. Medical marijuana use in the workplace can be a complicated legal maze. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. I felt that we were protected. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. With gratitude, The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. How to become a caregiver in PA? 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. We have no billionaire owner or shareholders to consider. 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. 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. Depending on how valuable you are to . 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. The tests dont tell you whether an employee was impaired at work. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. Can I be fired in Pennsylvania for using medical marijuana? - Inquirer.com 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. 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. 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. Steven Auerbach, JD, Narberth-based employment attorney. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Medical Marijuana in the Workplace: What Are Your Rights in Pennsylvania? In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. The governor will sign the bill on Sunday. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. Because in theory, this should be protected under HIPAA laws. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. I felt that we were protected. Still, he worries the company could find another reason to drug test him. Currently, federal law still issues severe penalties for the use of medical marijuana. 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. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. 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. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. 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. 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. 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. 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 . Clark told her he used marijuana to treat a medical condition and planned to continue doing so. 2022Pennsylvania Department of Health, August Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. 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. 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. Asked October 5, 2018. Juvenile Law Center. New Cannabis Rules for Employers Pennsylvania and New Jersey Employers
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