October 7, 2024
Pennsylvania lawmakers eye another attempt to legalize recreational marijuana use. As such, Pittsburgh lawmakers have unanimously approved an ordinance to create employment protections for medical marijuana users.
With high expectations of the city’s mayor signing it into law, this ordinance would create a firm ban on employment-related discrimination against medical marijuana patients. It also attempts to address the confusion from when the state legalized medical marijuana without creating employment protections for patients using medical cannabis. The state law does not prohibit employers from requiring pre-employment testing for marijuana use or during the course of employment.
However, this has now changed for Pittsburgh employers. The new Pittsburgh ordinance impacts employers of five or more workers. As such, it bars these employers from discriminating against current or prospective employees based on their status as a “medical marijuana patient.”
For example, the ordinance protects any individual “who has a serious medical condition, disability or handicap such that qualifies them for medical marijuana use and who is certified under the Pennsylvania Medical Marijuana Act of 2016 to access marijuana for a certified medical use.”
To prevent discrimination against this population, the measure bars employers from requiring pre-employment testing for marijuana. In addition, employers cannot test for the substance throughout the individual’s employment as a condition of employment. However, the ordinance also includes exceptions to the standards. For example, employers may test workers in the federal or state departments of transportation. Another example comprises testing employees who must carry a firearm for their position.
Furthermore, the lawmakers made a last-minute change to the bill to include a carve-out. This addition is for positions that are a part of a collective bargaining agreement. The ordinance also permits employers to conduct testing for marijuana after a workplace accident occurs.
According to the Pittsburgh lawmakers who approved this ordinance, it does not stop employers from prohibiting marijuana use in the workplace. The ordinance also allows employers to test for marijuana if they have reason to suspect impairment. As such, employers may penalize workers under the influence of medical marijuana in the workplace if their performance drops below a standard of care typically accepted for the position.
The ordinance also offers protections for employees who feel the employer has discriminated against them for using medical marijuana. Employees or applicants who feel the employer has violated this ordinance may submit a complaint to the Pittsburgh Commission on Human Relations. Many expect Pittsburgh’s mayor to sign this ordinance into law soon, and employers should prepare for these regulations to take effect.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.