Lost in the weeds of recent COVID-19 news is the increasing number of states and localities that have legalized medicinal and recreational use of marijuana. Such legalization brings with it varying degrees of worker protections and employer obligations. Philadelphia, PA and the state of Montana are two of the latest jurisdictions to add their names to the sprouting list of jurisdictions that protect not only medical use, but also recreational use of marijuana. These protections will undoubtedly usher in a new wave of test cases and compliance questions, particularly as many workplaces shift to remote models.
Philadelphia, PA Prohibits Pre-Employment Marijuana Drug Screening
Effective January 1, 2022, the City of Philadelphia now prohibits employers from requiring prospective employees to submit to testing for the presence of marijuana as a condition of employment. Philadelphia joins New York City and Nevada as jurisdictions with similar laws. Like it’s companion jurisdictions, Philadelphia’s ordinance operates as a near blanket ban on marijuana drug tests, but there are carve outs to the rule. These include exceptions for those applying to work as 1) police officers or law enforcement positions; 2) positions requiring a commercial driver’s license; 3) positions requiring the supervision of medical patients, children, disabled or other vulnerable individuals; 4) or any other position in which the employee could “significantly impact the health and safety of other employees...
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https://www.natlawreview.com/article/philadelphia-and-montana-join-list-juris...