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. National Conference of State Legislatures. 5 min. foundations and readers like you 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.How long are people impaired from cannabis?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.Is there a standard definition of impairment for cannabis?No. journalism every Thursday, plus a weekly riddle. 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. 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 1-877-564-2333 contact form J. J. Keller. How long are people impaired from cannabis? 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. Saliva tests can detect cannabis for approximately 24 hours after use. Spotlight PA is different. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. 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.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. Leise Hook What are the qualifying conditions in PA? Office of Drug & Alcohol Policy & Compliance. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). Still, the future of the legislation is unclear. This article and all of our journalism are available to you at no cost thanks to our supporters. 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. 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. 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. 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. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. A workplace drug screening that showed cannabis use was consistently a fireable offense across the US until recent years. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 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. 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., Pennsylvania Department of Health, July 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. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. Contact Us. 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. 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. 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. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. foundations and readers like you The use and sale of marijuana is completely illegal. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. Some places have found a way to reduce uncertainty. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. They think they have a card and they are protected, like I did.. My confidence is still shattered, Clark said in an interview. 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 program works with Medicare Part D plans and other prescription drug plans such as retiree/union coverage, employer plans, Medicare Advantage (HMO, PPO) and Veterans' Benefits (VA) to lower out-of-pocket costs for medications. 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. Copy of your valid DOT medical card. 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.. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 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. I am sorry but as of now, you no longer work for us.. 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. In some cases, employees alleged they were punished without even undergoing a drug test. 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. 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. 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. 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. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Jack Lehr Electric declined to comment for this story, through an attorney. Security officials will check your marijuana card before allowing you in. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. 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. Also, employee protection laws vary by state. How to become a caregiver in PA? 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.. spotlightpa.org/donate. Ordinarily, that law would require an employer to make a reasonable accommodation for a person with a disability but because marijuana is federally illegal, Gullen notes, the ADA wouldnt apply. 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. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. Those include: Work performed at heights or in confined spaces, (such as mining). I felt that we were protected. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. 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. Ed MahonSpotlight PAIllustrations by Always be aware of your state laws concerning drug testing for employers and job applicants. Tasks that the employer deems life-threatening, to you personally or to any other employees. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. 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. Christopher Baxter 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 some states offer stronger protections. Losing a job over a positive drug test can put unemployment benefits at risk. PA Local (Weekly): A fresh look at the incredible What About Medications? Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. 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. And what are the limitations? Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. Department of Veterans Affairs Policy on Medical Marijuana Unsurprisingly, the employee tested positive for . The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. 2022, Pennsylvania Department of Health, August 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. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. 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. Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Some saliva tests have detected . Unfortunately, the answer is yes, they can. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. After the first visit, you will only need your marijuana card. Arkansas does not provide protection to medical marijuana patients from employee drug testing. 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. But what about work? Snare told him she was checking with her attorney and would get back to him. 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. Buy marijuana from cannabis dispensaries in the State of Virginia. 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. 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. Because in theory, this should be protected under HIPAA laws. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. report from the National Institute on Drug Abuse. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! 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. This is, however, based on the law in the state at that time. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. 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. 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. With gratitude, But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. 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). Has your Pennsylvania employer or prospective employer asked you to take a drug test? However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Ohio Valley Society for Adolescent Medicine. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. 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. But he didnt want to stop using cannabis to treat his pain. 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. In some cases, employees alleged they were punished without even undergoing a drug test.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. The safety question is a complex one. The Pennsylvania Medical Marijuana Act 16: Guide for Employers & Employees. 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. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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. They are being forced to choose between their jobs and their medicine. 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 information provided here does not . What are your rights as a medical marijuana patient when it comes to employment? 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. In many cases, using medical marijuana while on the job is at the discretion of your employer. 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. Marijuana, however, is still illegal at the federal level, which has created complications in areas of everyday life, such as housing. What do I do once a doctor issues my certification? 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. 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. 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 . 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. marijuana card at the time of the positive drug . 2022Pennsylvania Department of Health, July During your first visit to a weed dispensary in Pennsylvania, you'll need to have your Pennsylvania state ID or driver's license and medical marijuana card. But that, Gullen says, is an unsettled area of the law. Auerbach says that filing a claim under the ADA or PHRA mostly depends on whether your employer knows what your disability is not just whether they know youre a medical marijuana patient so it can get complicated. The tests dont tell you whether an employee was impaired at work. Box 69008 Harrisburg, PA 17106-9008 By Fax: 717-783-5429 Addressing the topic, one can be drug tested even with a medical marijuana card. Will you do your part today by making a contribution? 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.. 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. 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. Tolerance and acceptance for marijuana for medicinal uses vary from state to state. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. InvestigationUnimpaired, UnemployedWorkers in Pennsylvania cant be fired for having a doctors approval for medical marijuana but once they actually use it, its a whole different story.Sept. The application process takes about 7 to 10 days on average. 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. 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. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use.
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