Pennsylvania: Medical Marijuana Law Addresses the Workplace

Law Effective May 17, 2016

A new Pennsylvania law, effective May 17, 2016, establishes a state medical marijuana program. Certain provisions of the law that affect employment are presented below:

• Employers are generally prohibited from discharging, threatening, refusing to hire or otherwise discriminating or retaliating against an employee regarding his or her 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 law does not:
  • Require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment;
  • Limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position; or
  • Require an employer to commit any act that would put the employer or any person acting on its behalf in violation of federal law.
• A medical marijuana patient can be prohibited by an employer from:
  • Performing any task which the employer deems life-threatening—to either the employee or any other employees—while under the influence of medical marijuana; or
  • Performing any duty which could result in a public health or safety risk while under the influence of medical marijuana.
    • Note: The prohibitions above will not be deemed adverse employment decisions even if they result in financial harm for the patient.

The law contains additional provisions. Click here to read the text of the law.

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