But he didnt want to stop using marijuana. Things are less clear cut if you have a felony conviction, however. What are your rights at work if you use medical marijuana? return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. 1-877-564-2333 contact form J. J. Keller. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 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. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. I am anticipating a job offer from P/enelec aka F/irst E/nergy as a DSO (distribution system operator) and they have a strict no drug/alcohol policy with a pre-employment drug test as well as random drug tests periodically. Pennsylvanias Department of Health oversees the states medical marijuana program, but an agency spokesperson said the law does not give it broad oversight of enforcement of employee protections, adding that changes to the law would require legislative action. The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote. However, there is a common law on wrongful discharge and two official provisions that controls an employer's drug testing program in the workplace. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. New York State Department of Labor guidance, New Jersey Office of the Attorney General; New Jersey statutes, California chapter of the National Organization for the Reform of Marijuana Laws. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. marijuana card at the time of the positive drug . His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Because in theory, this should be protected under HIPAA laws. When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer. Do I need a referral from a marijuana doctor in PA? In some cases, employees alleged they were punished without even undergoing a drug test. foundations and readers like you We dont believe vital investigative and public-service journalism should be hidden behind a paywall or only for those who can afford a subscription fee. Will you do your part today by making a contribution? Tolerance and acceptance for marijuana for medicinal uses vary from state to state. Some states allow employers to kick against medical marijuana for safety. Laws in Arizona, Minnesota, and Delaware, for instance, say employers cant discriminate against patients based solely on a positive drug test for marijuana metabolites or components.But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. When Pennsylvania lawmakers successfully passed a medical marijuana bill in 2016, they set specific blood limits for users working in a few jobs: ones that require people to operate certain chemicals, high-voltage electricity, or any other public utility. of Health and talked to workers at various . Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job., I have had firefighters tell me that its changed their life dramatically, Leech said. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. Vaccinations. Christopher Baxter Youve been reading our work. Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. 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.How long are people impaired from cannabis?That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups.Is there a standard definition of impairment for cannabis?No. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA. After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. When we sat down with city officials to talk about this they said, We dont want firefighters coming to work high, Tim Leech, a firefighter and vice president of the local union, told Spotlight PA. And we said, Well, this is going to be easy because neither do we.. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. 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.. Some places have found a way to reduce uncertainty. But public employees, Auerbach says, may have fewer options, as there are limited situations in which you can sue the government. spotlightpa.org/donate. Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. This excludes testing of employees in positions with federal drug-testing requirements. In June 2021, Commonwealth Court ruled in Moyers favor, a victory in a battle he thinks he shouldnt have had to fight in the first place. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Here is more information on getting a driver's license or ID card in Pennsylvania. A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users. Department of Health sues to keep medical marijuana program data secretThe lack of clarity is frustrating for employers too. 2022Pennsylvania Department of Health, July Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. Currently, federal law still issues severe penalties for the use of 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. And it also enables us to share that work with more than 90 newsroom partners in your community and communities across the state at no charge. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. But restrictions on other workers such as those working at heights or in confined spaces are more vague. We dont believe vital investigative and public-service journalism should be hidden behind a paywall or only for those who can afford a subscription fee. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would.My confidence is still shattered, Clark said in an interview. I felt that we were protected. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired.It should be more clear, Moyer told Spotlight PA. A lot of people dont know. 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. The bill passed out of committee on a party-line vote with all Republicans in favor. 3. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. Call us at (877) 303-3117, or simply book a medical marijuana evaluation to start getting relief you can trust today! He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA.After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. Currently, he says, its not clear how courts would react to such a lawsuit, so public employees may be left in the lurch when it comes to medical marijuana employment protections. 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. He was demoted from that job to one that paid almost half, according to the lawsuit. They think they have a card and they are protected, like I did.. But there is no similar national standard for drugged driving.In August 2020, Clark sent an email to the owner and president of the company, Shannon Snare, asking about the workplace policy for medical marijuana.I just dont know what our policy is on it and what would happen if I was sent out for a urine, Clark wrote, referring to a drug test and adding that he didnt want anyone to be caught off guard with this.Snare told him she was checking with her attorney and would get back to him.Unfortunately, we cannot allow you to flag for us, Snare wrote the next day.Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained.

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