But what about work? I feel like I have a target on my back, Douglas told Spotlight PA in June. 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. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. What to bring to a DOT physical; Juvenile Law Center. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. I felt that we were protected. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Now join thousands of your friends and neighbors in supporting it.With gratitude, The medical marijuana users will soon be driving with the marijuana metabolites . The tests dont tell you whether an employee was impaired at work. 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. 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.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.The safety question is a complex one. I felt that we were protected. 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. He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Residents of 33 states plus D.C can access medical marijuana. 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. 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. He started working for the company in 2013, and an email exchange included as an exhibit in the case shows how he lost his job. Always be aware of your state laws concerning drug testing for employers and job applicants. Spotlight PASupport This Work We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 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. This SeriesRare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHealth officials in Pa. face scrutiny over weak oversight of medical marijuana doctorsA behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certificationsHow anxiety came to dominate the big business of medical marijuana cards in PennsylvaniaPa. . Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. But there is no similar national standard for drugged driving.. Spotlight PA is different. I've called the PA Dept. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. 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. Absent a change in federal or state law, thats not likely to change soon. Thats all true for employees of private companies, . Our journalism is produced to serve the public interest not profit motives. Spotlight PA relies on funding from Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. 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. We still have the right to earn a living.Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues.Clarks counsel claimed he never used marijuana on the job, never worked impaired or under the influence, and never consumed marijuana within eight hours of the start of a shift.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.Employers cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. The 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. 2022But the fight still wasnt over.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. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. 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. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. Random Testing (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). 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. Pennsylvanias medical marijuana law doesnt define impairment. 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. 1-877-564-2333 contact form J. J. Keller. 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. How long is marijuana use detectable in a drug test? 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. All of those laws include exceptions if federal laws or rules require drug testing. 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.. Find a Drug Test Location. 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. You'll need a driver's license or state-issued photo ID, and to be 18 years old. 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. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. The criteria usually include being a resident of the state and having a qualifying condition. 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. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. It is, therefore . Pre-Employment Urine Test as a Med Card Holder. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. 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. 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.An Allentown company fired a warehouse worker after he tested positive for marijuana use. The card is generally valid for one year and can be renewed. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). How do I register with the department of health? 3. 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. A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. 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. Arkansas does not provide protection to medical marijuana patients from employee drug testing. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. We still have the right to earn a living.. Rare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cards, Health officials in Pa. face scrutiny over weak oversight of medical marijuana doctors, A behind-the-scenes look at Spotlight PAs analysis of 1 million medical marijuana certifications, How anxiety came to dominate the big business of medical marijuana cards in Pennsylvania, Pa. Department of Health sues to keep medical marijuana program data secret. 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. What do I need for my appointment? The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. Jack Lehr Electric declined to comment for this story, through an attorney. 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.. 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. 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.. foundations and readers like you 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.