drug test, but have medical card pennsylvania

by Suzanne Sentman, SPHR on April 13, 2018. 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. 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. I have quit smoking in the meantime just in case, but it will . We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. 3. So, while you have some protections as a medical marijuana patient, enforcing them is often an arduous, lengthy process. 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. 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. Yes for full time. However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. The safety question is a complex one. 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. PA Local (Weekly): A fresh look at the incredible This is, however, based on the law in the state at that time. A medical marijuana card, also known as a medical cannabis card, is an ID card issued by your state or country, with your doctor's recommendation, permitting you to cultivate, possess, and obtain cannabis for medicinal purposes. The use and sale of marijuana is completely illegal. Some states have expanded protections for workers who use marijuana on their own time. 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. 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. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. 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. Answer See 3 answers. Residents of 33 states plus D.C can access medical marijuana. So, while a Medical Marijuana card will not show up on a federal background check, if you've had any run-ins with the law that are connected to marijuana use and/or possession (even if it was medical), you can still face problems if someone performs a . 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. foundations and readers like you 1. 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. How do you get your medical marijuana card in PA? Depending on how valuable you are to . Asked October 5, 2018. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Fast and Simple. 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. So, what are your rights as a medical marijuana patient when it comes to employment? Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Do I need a referral from a marijuana doctor in PA? Ed MahonSpotlight PAIllustrations by 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. 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. In 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty. 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. report from the National Institute on Drug Abuse. The Investigator (Weekly): Best accountability 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. 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. Pennsylvania provides employment protections to medical marijuana patients, but they are limited. Absent a change in federal or state law, thats not likely to change soon. Still, the future of the legislation is unclear. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. Some saliva tests have detected . Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. Pre-Employment Urine Test as a Med Card Holder. 3. If your policy requires preemployment drug testing, then conduct the test. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. spotlightpa.org/donate. Christopher Baxter 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. 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. 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. 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. Losing a job over a positive drug test can put unemployment benefits at risk. 5 min. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. 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. It also prohibits patients from participating in certain high-risk activities while using medical . This excludes testing of employees in positions with federal drug-testing requirements. 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. 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.. How long is marijuana use detectable in a drug test? The protection isnt quite as robust as you might think.. 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. We shouldnt be limited. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at The lack of clarity is frustrating for employers too. 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. If you are fired or refused a job because of your status as a medical marijuana patient, in many cases, you can file a lawsuit. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. 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..