Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA. Douglas is happy to be back in his regular job doing work he enjoys. Pre-Employment Urine Test as a Med Card Holder. 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. In Palmiter v. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. Things are less clear cut if you have a felony conviction, however. So, what are your rights as a medical marijuana patient when it comes to employment? Still, the future of the legislation is unclear. Residents of 33 states plus D.C can access medical marijuana. Depending on how valuable you are to . of Health and talked to workers at various . This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). Spotlight PA relies on funding from By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. 1200 New Jersey Ave, SE Washington, DC 20590 United States. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. 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. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Some states allow employers to kick against medical marijuana for safety. 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. 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. 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. I am sorry but as of now, you no longer work for us.. [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. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. We have no billionaire owner or shareholders to consider. Unsurprisingly, the employee tested positive for . 2. 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. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job.However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. foundations and readers like you Immigration Physicals. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. 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. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. PaulaTexas patient. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Will you do your part today by making a contribution? My confidence is still shattered, Clark said in an interview. 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. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. 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.. Contact Us. Still, the future of the legislation is unclear.For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule.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.BEFORE YOU GO, A QUICK REQUESTI hope you appreciated this article. 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. They are being forced to choose between their jobs and their medicine. National Conference of State Legislatures. Our journalism is produced to serve the public interest not profit motives. 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. The application process takes about 7 to 10 days on average. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Conclusion. He was demoted from that job to one that paid almost half, according to the lawsuit. 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. If you value this reporting, please give a gift today at 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. 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. 5 min. The use and sale of marijuana is completely illegal. After the first visit, you will only need your marijuana card. 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. 2022Pennsylvania Department of Health, August // *VA healthcare enrollees do not require a referral or prior authorization and can receive . 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. 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. 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. Clark later found a job at another business. 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. What are your rights at work if you use medical marijuana? The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). Spotlight PA is different. The bill passed out of committee on a party-line vote with all Republicans in favor. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. Jamie Gullen, JD, supervising attorney with Community Legal Services of Philadelphias employment unit. 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. 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. Marijuana is still illegal at the federal level, which can create additional complications for some industries. 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. Gun Owners Do Not Qualify for Medical Marijuana 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.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. Read Later. It is, therefore . 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 Investigator (Weekly): Best accountability 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. With gratitude, 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. In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. What do I do once a doctor issues my certification? The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. Will I get a job if I test positive and fail a medical marijuana drug test? 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. Patients must typically provide an active state licensed medical marijuana card and ID (proof of identity) to be eligible. In many cases, using medical marijuana while on the job is at the discretion of your employer. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. ( 382.301 ). Department of Veterans Affairs Policy on Medical Marijuana Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA.Douglas is happy to be back in his regular job doing work he enjoys. The medical marijuana users will soon be driving with the marijuana metabolites . 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.. Saliva tests can detect cannabis for approximately 24 hours after use. 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. And what are the limitations? Pennsylvanias medical marijuana law doesnt define impairment. 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. It improves my mood.. It limits your ability to manage your medical condition.. 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. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): Spotlight PA is different. Here is more information on getting a driver's license or ID card in Pennsylvania. Some places have found a way to reduce uncertainty. Buy marijuana from cannabis dispensaries in the State of Virginia. Answered October 5, 2018. 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. 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. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. How do I register with the department of health? How to become a caregiver in PA? 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. Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. 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.. 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. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.. Im in boston do they drug test for marijuanna. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. The protection isnt quite as robust as you might think.. according to the Pennsylvania Department of Health, provides some specific antidiscrimination protections for registered patients when it comes to employment, unlikely that an employer will ask if you are one, How medical marijuana affects your tenant rights in Pennsylvania, says that patients are prohibited from certain jobs or job functions, marijuana attorney Patrick Nightingale writes, what is known as a private right of action,, Our best Philly tips: Read our most useful stories, California residents do not sell my data request. 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. 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. 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. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. journalism every Thursday, plus a weekly riddle. Pennsylvanias medical marijuana law doesnt define impairment. 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. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. In some cases, employees alleged they were punished without even undergoing a drug test. No. Vaccinations. I have quit smoking in the meantime just in case, but it will . But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. Office of Drug & Alcohol Policy & Compliance. 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. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. Also, employee protection laws vary by state. 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 . 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. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. 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 . But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. Get every Spotlight PA story andthe best investigative journalism from across Pa. PA Post (Daily): Top news every weekday morning,
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