To register for the medical marijuana program, you must have a Pennsylvania driver's license or an ID card issued by the Pennsylvania Department of Transportation. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections. If you work in the service industry, hospitality, or at a desk job, you are likely to get the laws full protections, but blue collar employees may not be protected from being fired or not hired.. 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. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. Find a Drug Test Location. Fast and Simple. For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. Although a standard drug test isn't conducted during DOT physicals, the medical examiner will review your current medications with you - including those you take for diabetes, heart disease, neurological conditions, mental health conditions or recent surgeries. Pennsylvanias medical marijuana law doesnt define impairment. Gun Owners Do Not Qualify for Medical Marijuana The new FMCSA Medical Examination Forms (2016) and reporting system have increased administrative work and time for medical examiners, and costs for the DOT physical exam are rising accordingly. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Medical marijuana use in the workplace can be a complicated legal maze. First: Register as a medical marijuana patient The first step is to register as a medical marijuana patient with the Pennsylvania Department of Health. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. 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. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. The bill passed out of committee on a party-line vote with all Republicans in favor. In Palmiter v. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. What do I need for my appointment? What to bring to a DOT physical; But he didnt want to stop using cannabis to treat his pain. How long are people impaired from cannabis? Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. But he didnt want to stop using marijuana. 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. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. 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. The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal., A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public., Mensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable., Still, Democrats on the committee raised concerns about how employers would judge impairment. journalism every Thursday, plus a weekly riddle. In a recent Pennsylvania court case, a worker's medical marijuana identification card expired and they tested positive on a drug test for employment. 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.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. By Mail: PennDOT Bureau of Driver Licensing P.O. Will you do your part today by making a contribution? Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Still, the future of the legislation is unclear.For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule.A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.BEFORE YOU GO, A QUICK REQUESTI hope you appreciated this article. What About Medications? However, you will not be able to continue to work for us while using marijuana, even though it is prescription, Snare wrote. That led the companys president to flag his marijuana use as a public safety issue and issue him an ultimatum: pass a drug test or lose his job.An Allentown company fired a warehouse worker after he tested positive for marijuana use. Report. Christopher Baxter Many have been settled before a judge could rule on the merits of the case.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. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. Although Pennsylvania employers cannot take action against employees because they . New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty. of Health and talked to workers at various . Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. 3. plus a daily puzzle. 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. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.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. I've called the PA Dept. 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. Ohio Valley Society for Adolescent Medicine. Some saliva tests have detected . Moyer said he had a medical marijuana card at the time. And what are the limitations? I gotba med card. Those include: Work performed at heights or in confined spaces, (such as mining). State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. Auerbach advises that you shouldnt lie about it, but if theres any reason to avoid telling them, dont go out of your way to tell them.. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. Ed MahonSpotlight PAIllustrations by 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. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. The Department of Transportation's Drug and Alcohol Testing Regulation - 49 CFR Part 40, at 40.151 (e) - does not authorize "medical marijuana" under a state law to be a valid medical explanation for a transportation employee's positive drug test result. Arkansas does not provide protection to medical marijuana patients from employee drug testing. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. ( 382.301 ). 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. It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests.