Pennsylvania Marijuana Employer Guidelines“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.
Pennsylvania personal and medical use of marijuana.
Medical Use: Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act (Act 16) into law. The law took effect May 17, 2016. On June 1, 2016 the Department of Health announced that they had begun working on “temporary regulations” and will be seeking input from interested parties. The program is expected to be fully implemented within 18-24 months.
The new law may impose limitations on employer actions. Relevant sections of the Medical Marijuana Act state 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.
It is also indicated that nothing in this act shall require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. 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 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.
There are also employee limitations which indicate a patient may not perform any employment duties at heights or in confined spaces, including, but not limited to, mining while under the influence of medical marijuana. A patient may be prohibited by an employer from performing any task which the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical marijuana.
Personal Use:Previous attempts to legislate personal use of marijuana in this state have failed.
For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.