But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. report from the National Institute on Drug Abuse. But he didnt want to stop using cannabis to treat his pain. Spotlight PA is different. I felt that we were protected. The tests dont tell you whether an employee was impaired at work. Asked October 5, 2018. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 2022Pennsylvania Department of Health, July It is, therefore . It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. I gotba med card. 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. Be extra careful if applicants state they have a medical marijuana card. Still, the future of the legislation is unclear. Is there a standard definition of impairment for cannabis? Pennsylvania Appellate Decision The Superior Court of Pennsylvania issued a decision on Aug. 5, 2021, that also could impact employers throughout the state when they conduct pre-employment drug tests on applicants who are certified users of medical marijuana. 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. 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. 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. 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. He was demoted from that job to one that paid almost half, according to the lawsuit.Longenecker asked if he could keep his old job if he took a drug test and the results came back negative, but a human resource manager denied the request, his attorneys claimed.Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. 1200 New Jersey Ave, SE Washington, DC 20590 United States. Random Testing 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. My confidence is still shattered, Clark said in an interview. 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. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. 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. This is, however, based on the law in the state at that time. 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. Copy of your valid DOT medical card. 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. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). 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 . Usually clinics are busy and impersonal, but everyone was so nice! While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. The application process takes about 7 to 10 days on average. The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. 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. Most MMJ programs also have a minimum age limit of 21. 3. Our journalism is produced to serve the public interest not profit motives. This excludes testing of employees in positions with federal drug-testing requirements. Some saliva tests have detected . Although Pennsylvania employers cannot take action against employees because they . All of those laws include exceptions if federal laws or rules require drug testing. For more information about medical marijuana and drug testing, contact 610-738-2450. And unlike with the ADA and PHRA, there is no employee threshold, so even companies with only a couple of employees are subject to lawsuits if they violate its provisions. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. Depending on how valuable you are to . 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. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. An Allentown company fired a warehouse worker after he tested positive for marijuana use. Unsurprisingly, the employee tested positive for . For more information about Pennsylvania's medical marijuana and employee drug testing laws, please contact Compassionate Certification Centers today at 888-316-9085. Tasks that the employer deems life-threatening, to you personally or to any other employees. And what are the limitations? Arkansas does not provide protection to medical marijuana patients from employee drug testing. But restrictions on other workers such as those working at heights or in confined spaces are more vague. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. Thats all true for employees of private companies, . Snare told him she was checking with her attorney and would get back to him. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. And it seems like were not. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. 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. How long after gettin job i have to do drug test. 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 Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. Asked June 14, 2017. . 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. Urine tests can detect cannabis in the urine for approximately 3-30 days after use. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. 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. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. They can potentially discipline you for that.. You'll need a driver's license or state-issued photo ID, and to be 18 years old. That means that, among other things, an employer or potential employer, if youre looking for work cant legally fire or refuse to hire you just because you use medical marijuana. 3. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers. You need a state issued medical card to purchase medical marijuana from a dispensary in Pennsylvania. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 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. 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. Self-Certification Form (DL-11CD) - download the form here from PennDOT. The Investigator (Weekly): Best accountability Those include: Work performed at heights or in confined spaces, (such as mining). "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 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. Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. 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. Also, employee protection laws vary by state. 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. 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. foundations and readers like you Moyer said he had a medical marijuana card at the time. Refusals to submit to a drug or alcohol test are defined in 382.107. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. 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. 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. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. Video. Answered October 5, 2018. This excludes testing of employees in positions with federal drug-testing requirements. 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. Pennsylvanias medical marijuana law doesnt define impairment. 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. Spotlight PA is different. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. We shouldnt be limited. 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. 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. 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. 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. Addressing the topic, one can be drug tested even with a medical marijuana card. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Answer See 3 answers. 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. 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. 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.