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 medical marijuana law doesnt define impairment. Those include: Work performed at heights or in confined spaces, (such as mining). Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. people, places, and food of Pa. every Friday, plus events, guides, Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. They can potentially discipline you for that.. How do you get your medical marijuana card in PA? 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. Office of Drug & Alcohol Policy & Compliance. Get Certified by a Physician But he didnt want to stop using cannabis to treat his pain. 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.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. People want jobs, not lawsuits, Auerbach says. 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. (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. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. Pre-Employment Urine Test as a Med Card Holder. 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. It limits your ability to manage your medical condition.. Now join thousands of your friends and neighbors in supporting it.With gratitude, Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. We shouldnt be limited. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. They said he was told he could return to work in a position that would not require him to operate power equipment.. 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. How long are people impaired from cannabis? Thats all true for employees of private companies, . 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. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Things are less clear cut if you have a felony conviction, however. 3,515 views 3 comments Read Later. spotlightpa.org/donate. 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. The use and sale of marijuana is completely illegal. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. 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. He was demoted from that job to one that paid almost half, according to the lawsuit. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. 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. And what are the limitations? The tests dont tell you whether an employee was impaired at work. Will you do your part today by making a contribution? 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. Spotlight PA is different. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Pennsylvanias medical marijuana law doesnt define impairment. Buy marijuana from cannabis dispensaries in the State of Virginia. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. What do I need for my appointment? (Medical card only, not the long form.) 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. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 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. Our journalism is produced to serve the public interest not profit motives. Youve been reading our work. My confidence is still shattered, Clark said in an interview. 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. . 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.. 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. We have no billionaire owner or shareholders to consider.Our journalism is produced to serve the public interest not profit motives.Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning, Report. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. Gun Owners Do Not Qualify for Medical Marijuana 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. 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.. The information provided here does not . Copy of your valid DOT medical card. It is, therefore . A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. 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. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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. What are your rights at work if you use medical marijuana? spotlightpa.org/donate. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. Everyone deserves access to the facts. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. 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. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Random Testing 14, 2022by best-of, and more. PaulaTexas patient. We still have the right to earn a living.. 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. 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. Addressing the topic, one can be drug tested even with a medical marijuana card. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). 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. Immigration Physicals. 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. 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. It improves my mood.. 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. 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. PA Local (Weekly): A fresh look at the incredible 2022Pennsylvania Department of Health, July 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. Vaccinations. 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. After the first visit, you will only need your marijuana card. journalism every Thursday, plus a weekly riddle. For the more than 400,000 medical marijuana patients in the state, the stakes are high. They are being forced to choose between their jobs and their medicine. 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. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. The bill passed out of committee on a party-line vote with all Republicans in favor. 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. In Delaware, MedExpress is referred to as MedExpress Walk-In Care. Department of Veterans Affairs Policy on Medical Marijuana The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position.I feel like I have a target on my back, Douglas told Spotlight PA in June.A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies.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.Asking for clarityAttorneys 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.That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. 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. Losing a job over a positive drug test can put unemployment benefits at risk. And it seems like were not. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. 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. Residents of 33 states plus D.C can access medical marijuana. Some places have found a way to reduce uncertainty. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. 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. "When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient." "Nothing in ORS 475.300 to 475.346 shall be construed to require An employer to accommodate the medical use of marijuana in any workplace." Pennsylvania 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. Still, the future of the legislation is unclear. Steven Auerbach, JD, Narberth-based employment attorney. I'm a general assignment breaking news reporter. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. What are your rights as a medical marijuana patient when it comes to employment? I have quit smoking in the meantime just in case, but it will . 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. New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. No. 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. Will you do your part today by making a contribution? The safety question is a complex one. plus a daily puzzle. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. 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. Because in theory, this should be protected under HIPAA laws. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at But restrictions on other workers such as those working at heights or in confined spaces are more vague. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From . Christopher Baxter But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. 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. Is there a standard definition of impairment for cannabis? 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. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. Jack Lehr Electric declined to comment for this story, through an attorney. 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. 5 min. 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. If your policy requires preemployment drug testing, then conduct the test. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 2022Pennsylvania Department of Health, July The protection isnt quite as robust as you might think.. Asked October 5, 2018. 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.. 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. But he didnt want to stop using marijuana. In some cases, employees alleged they were punished without even undergoing a drug test. 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. That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups. It varies. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. The criteria usually include being a resident of the state and having a qualifying condition. 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. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. 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. New Card $199, Renewal $100, Returning Patients $50. 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.
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