As recreational and medical marijuana use becomes decriminalized and more acceptable throughout the country, it raises questions about the implications of its use and the workplace. Although medical marijuana was legalized in Pennsylvania in 2016, employees who hold medical marijuana cards may face discrimination in the workplace. Several PA regulations prohibit this type of unfair treatment. If you believe your rights have been violated, it is important to understand your legal options moving forward. Work with a Montgomery County medical marijuana lawyer for skilled legal representation
Can Employers Discriminate Against Employees Who Hold Medical Marijuana Cards in Pennsylvania?
No, under Pennsylvania state law, employers are prohibited from discriminating against employees based on their possession of a medical marijuana card. This is based on the Pennsylvania Medical Marijuana Act and a new law went into effect in September of 2024 in Pittsburgh.
These regulations protect individuals who use medical marijuana from discrimination in the workplace and add medical marijuana cardholders to the list of protected classes under state and local laws.
Under state law, an employer is not permitted to make employment decisions only on the basis of the employee’s status as a medical marijuana user. Relevant employment decisions may include hiring, firing, salary, terms of employment, conditions of employment, location, or other privileges.
It is important to note, however, that while Pennsylvania law protects medical marijuana users from workplace discrimination, there are limitations to these rules and employers are permitted to enforce unique policies as they see fit to ensure safety and compliance with federal law.
Are there Limitations to these Protections?
Yes, there are several limitations to the protections afforded to medical marijuana cardholders. Employers are not required to allow the use of marijuana on their property or premises, regardless of whether it is for medical purposes.
The laws also do not protect employees from discipline if they appear at work under the influence of medical marijuana. If an employee is under the influence while working and their performance falls below an acceptable standard, employers have the right to penalize the employee as they see fit. PA’s Medical Marijuana Act allows employers to terminate, discipline, or refuse to hire an employee who is using or under the influence of medical marijuana at work.
Safety may become a concern when employees are under the influence of marijuana, especially in an industry that uses heavy machinery, dangerous tools, or where precision is crucial. Construction, transportation, healthcare, etc. all require employees to be at peak performance during working hours. Whether medical or recreational, if an employee is under the influence of marijuana, it can raise safety risks. Because of this, Pennsylvania employers have the right to enforce a zero-tolerance drug policy and take disciplinary action against employees who test positive for marijuana, even if they are medical marijuana cardholders.
For more information on your rights and legal options, contact an experienced attorney today.
