Is it illegal for PA employers to drug test, fire you for medical marijuana? See the law
Although recreational marijuana use and possession remain illegal in Pennsylvania, the commonwealth offers a medical marijuana program for eligible patients.
Even when permitted, medical marijuana use opens the door to many legal questions and dilemmas, especially in the workplace. If you use medical marijuana in Pennsylvania, can your employer require drug tests or fire you for a positive result?
Here’s what you need to know about employee protections regarding medical marijuana use in Pennsylvania.
Does Pennsylvania offer protections for those using medical marijuana?
The commonwealth provides a few employment protections to medical marijuana patients, but they are limited in scope and sometimes vague.
According to Pennsylvania’s Medical Marijuana Act, medical marijuana patients have protections regarding hiring, firing and retaliation in the workplace.
“No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical marijuana,” the act reads.
This protection applies to drug tests, including those required by companies during the hiring process. Those who wind up in such a situation need to prove their participation in the program by providing a medical marijuana card and status as a Pennsylvania resident, among other factors.
Notably, employers are not required to accommodate medical marijuana use (or its influence) while in the workplace or on the job. This is usually at the discretion of employers, who can still discipline employees if their “conduct falls below the standard of care normally accepted for that position,” the law says.
“Nothing [in the law] shall require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment,” the law reads. “This act shall in no way limit an employer’s ability to discipline an employee for being under the influence of medical marijuana in the workplace.”
Employees who lawfully use medical marijuana for a documented disability may have trouble qualifying for accommodation because marijuana remains illegal at the federal level. However, the Pennsylvania Human Relations Act or an applicable city-level ordinance may offer a path toward a case, commonwealth attorney Jamie Gullen told the Philadelphia Inquirer in 2021.
Pennsylvania’s medical marijuana law prevents patients from performing certain jobs and functions if they have more than 10 nanograms of THC (tetrahydrocannabinol, the substance largely responsible for marijuana’s effects) per milliliter of blood in their systems. These bans apply to those working with public utilities, high-voltage electricity and chemicals that require permits issued by state or federal governments.
Patients who are under the influence of medical marijuana may not work “at heights or in confined spaces,” such as mining. Employers may prevent them from completing tasks deemed “life-threatening” or duties that may incur a public health or safety risk.
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How does medical marijuana work in Pennsylvania?
Recreational marijuana is now legal in five of the six states that border Pennsylvania, but it remains illegal in the commonwealth and at the federal level. Regardless, the Keystone State offers a legalized medical marijuana program for qualifying patients.
You can register for Pennsylvania’s medical marijuana program if you experience one of many qualifying conditions, including anxiety disorders, Crohn’s disease, epilepsy, Parkinson’s disease, post-traumatic stress disorder and terminal illness. The program does not enforce age requirements, but patients under the age of 18 must pair with an adult caregiver who can pick up products at dispensaries on a patient’s behalf.
Some cities and municipalities across Pennsylvania have revised their ordinances and regulations to shrink or eliminate penalties for minor marijuana-related offenses, instead enforcing only small fines for possession. These reforms exist in Philadelphia, Pittsburgh, Allentown, Harrisburg and even State College, among other places.
Medical marijuana patients can purchase products at licensed dispensaries in Pennsylvania. A full list of these facilities is available through the commonwealth’s website.
Registered medical marijuana patients can legally possess up to a “90-day supply” of marijuana, but state laws do not offer an explicit definition. Those who possess cannabis without enrolling in the medical marijuana program may face small fines or even time behind bars, though first-time offenders usually qualify for conditional release, according to NORML, a nonprofit organization that advocates for cannabis legalization and tracks laws criminalizing it.
At-home marijuana growth is illegal in Pennsylvania, but businesses and individuals can apply for licenses related to cultivation and processing. Growers may incur penalties if they sell cannabis products without a license or in too large of quantities, among other infractions.
