What Are the Rules in Pennsylvania?
Medical marijuana has been legal in Pennsylvania since 2016—and under the Americans with Disabilities Act, employers are required to provide reasonable accommodations to workers with disabilities to help them do their jobs with minimal impairment.
You would think that, given these facts, nobody in Pennsylvania would ever be legally fired for marijuana-related reasons in the workplace, so long as they had a medical marijuana card. But you’d think wrong.
Employers are still able to deny workers accommodations in certain situations—and workers can still be fired for going against their employers’ policies with regard to marijuana use, even when they have a medical marijuana card. Here’s a look at the details.
How the Law Protects Medical Marijuana Users
Under the law in Pennsylvania, your employer is not allowed to discriminate against you because of your status as a medical marijuana user. It is unlawful for them to fire you, threaten to fire you, refuse to hire you, deny you a promotion, or take other adverse actions against you.
This includes if you test positive for marijuana on a drug test and you have a medical marijuana card. While these laws are relatively new and untested in Pennsylvania courts, the Superior Court of Pennsylvania held in August of 2021 that an employee with a medical marijuana certification was allowed to sue her employer for firing her because of the results of her drug test.
How the Law Doesn’t Protect Medical...
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