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Urine tests can detect cannabis in the urine for approximately 3-30 days after use. Cannabis Care Consultants' licensed Medical Marijuana Doctors certify patients for a medical marijuana card through EASY, SAFE telemedicine appointments. It improves my mood.He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Medical marijuana patient reciprocity in the United States is currently allowed in Arizona , Arkansas, Hawaii, Maine, Michigan, Nevada, New Hampshire, New Mexico, Oklahoma, Puerto Rico, Rhode Island, Utah, and Washington DC. Especially if you need to use medical marijuana to manage your condition during the work day. Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. 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. of Health and talked to workers at various . Is there a standard definition of impairment for cannabis? He pushed back, and a federal oversight agency under the Department of Transportation later ruled in his favor. Vague legal safeguards for medical marijuana users in Pennsylvania are forcing patients to choose between their job and a drug they say has changed their life, and leaving skittish employers vulnerable to lawsuits, according to a three-month Spotlight PA investigation.While state law protects workers from being fired or denied a job just for having a doctors permission to use marijuana, those protections become opaque when people actually take the drug regardless of whether they do it in their personal time. Pennsylvania Appellate Decision The Superior Court of Pennsylvania issued a decision on Aug. 5, 2021, that also could impact employers throughout the state when they conduct pre-employment drug tests on applicants who are certified users of medical marijuana. In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. The regulation found at 49 CFR 383 implements the 1991 Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. Security officials will check your marijuana card before allowing you in. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. 2023Spotlight PA228 Walnut St., #11728Harrisburg, PA 17108-1728. Read Later. By Mail: PennDOT Bureau of Driver Licensing P.O. Still, he worries the company could find another reason to drug test him. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. We still have the right to earn a living.. 3. DOT drug and alcohol tests include: Pre-employment - An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. Yes for full time. Some places have found a way to reduce uncertainty. Christopher Baxter In many cases, using medical marijuana while on the job is at the discretion of your employer. New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. Pennsylvanias law doesnt specifically address the rights of patients to use the drug when they arent at work, and unlike some other states, it doesnt include protections for them if they fail a drug test but are not impaired. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. Its complicated. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. 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. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. How long is marijuana use detectable in a drug test? If you value this reporting, please give a gift today at It varies. This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. In some cases, employees alleged they were punished without even undergoing a drug test.In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. Refusals to submit to a drug or alcohol test are defined in 382.107. 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. 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. 1. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position.I feel like I have a target on my back, Douglas told Spotlight PA in June.A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies.PGWs first responsibility is always the safety of our employees, customers, and communities across the City of Philadelphia and ensuring safety throughout all our operations, spokesperson Richard Barnes said in an email.Asking for clarityAttorneys in a Lancaster County case recently asked Pennsylvania Superior Court judges to provide guidance on what it takes to win a wrongful termination lawsuit under the states medical marijuana law and specifically what protections employees have if they exclusively use marijuana on an off-duty basis.That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. This excludes testing of employees in positions with federal drug-testing requirements. That section states: If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. There are other activities that are designated zero tolerance at work, Auerbach says, meaning that you cant do them if you are under the influence of medical marijuana at work (but you still should be able to medicate off work hours). While state law protects workers from being fired or denied a job just for having a doctors permission to use marijuana, those protections become opaque when people actually take the drug regardless of whether they do it in their personal time. A spokesperson for the Department of Labor and Industry said the agency doesnt have statistics for the number of people initially denied benefits in cases similar to Moyers.Different approachesPennsylvanias 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.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.The number of urine drug screens in Pennsylvania that included marijuana dropped from nearly 99% in 2017 to 88% in 2021, according to workforce data from Quest Diagnostics. Always be aware of your state laws concerning drug testing for employers and job applicants. InvestigationUnimpaired, UnemployedWorkers in Pennsylvania cant be fired for having a doctors approval for medical marijuana but once they actually use it, its a whole different story.Sept. Ohio Valley Society for Adolescent Medicine. Pennsylvania law actually prohibits a person from having a level of metabolites, which is basically drug residue, in the person's body. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. Show moreAlternativesSome states have expanded protections for workers who use marijuana on their own time. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. Still, he worries the company could find another reason to drug test him. The card is generally valid for one year and can be renewed. 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. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 2022Pennsylvania Department of Health, July Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. We still have the right to earn a living.Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues.Clarks counsel claimed he never used marijuana on the job, never worked impaired or under the influence, and never consumed marijuana within eight hours of the start of a shift.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.Employers cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. Leise Hook 3,515 views 3 comments New Card $199, Renewal $100, Returning Patients $50. A worker from Mifflin County lost his job directing traffic after he asked for information on his companys medical marijuana policy, a conversation in which he voluntarily revealed that he used the drug outside of work. Without a valid DOT medical card, you can lose your CDL. No. Christopher Baxter PA Local (Weekly): A fresh look at the incredible An Allentown company fired a warehouse worker after he tested positive for marijuana use. It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA. Steven Auerbach, JD, Narberth-based employment attorney. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. 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. The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. Im in boston do they drug test for marijuanna. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. No. 1-877-564-2333 contact form J. J. Keller. Contact Us. They said he was told he could return to work in a position that would not require him to operate power equipment.. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain.More From 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. So having a marijuana card is the only way to get legal access to medical marijuana until then. How do you get your medical marijuana card in PA? In court filings, attorneys for the unemployment board disputed both claims and argued there is no credible evidence that Claimants use of medical marijuana created a safety hazard for anyone.. 2. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. You usually have to pay a fee to get this card. Absent a change in federal or state law, thats not likely to change soon. The bill passed out of committee on a party-line vote with all Republicans in favor. What to bring to a DOT physical; Fast and Simple. Federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. In most states, your employer is required to provide you with a copy of your drug test results, at this time you can challenge these results by way of retest or explanation. marijuana card at the time of the positive drug . Although a standard drug test isn't conducted during DOT physicals, the medical examiner will review your current medications with you - including those you take for diabetes, heart disease, neurological conditions, mental health conditions or recent surgeries. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. Jack Lehr Electric declined to comment for this story, through an attorney. This is, however, based on the law in the state at that time. Answered October 5, 2018. You'll need a driver's license or state-issued photo ID, and to be 18 years old. The lack of clarity is frustrating for employers too. The program works with Medicare Part D plans and other prescription drug plans such as retiree/union coverage, employer plans, Medicare Advantage (HMO, PPO) and Veterans' Benefits (VA) to lower out-of-pocket costs for medications. I gotba med card. If you have failed a drug test at work, you have the right to contest your employer's decision to fire you. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana.The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal.A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public.More From Spotlight PARare disciplinary case against Pa. doctor offers glimpse into the big business of medical marijuana cardsHow we tracked workplace lawsuits involving Pa.s medical marijuana lawA complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana programMensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable.Still, Democrats on the committee raised concerns about how employers would judge impairment. Auerbach advises that you shouldnt lie about it, but if theres any reason to avoid telling them, dont go out of your way to tell them.. The employee handbook available on the ODAPC Web site provides examples of conduct that the regulations define as refusing a test ( 49 CFR Part 40 Subpart I and Subpart N) and what happens if you test positive, refuse a test, or violate FMCSA regulations. For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule. Some states allow employers to kick against medical marijuana for safety. foundations and readers like you Also, employee protection laws vary by state. That led the companys president to flag his marijuana use as a public safety issue and issue him an ultimatum: pass a drug test or lose his job.An Allentown company fired a warehouse worker after he tested positive for marijuana use. Here is more information on getting a driver's license or ID card in Pennsylvania. Now join thousands of your friends and neighbors in supporting it. Vague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug. Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. 2022, His former employer sued the unemployment board in Commonwealth Court, arguing that Moyer shouldnt be eligible because he violated the companys drug policy and his marijuana use created a safety risk. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. I'm a general assignment breaking news reporter. General DQ Questions Medical Exams Audits. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use. But restrictions on other workers such as those working at heights or in confined spaces are more vague. best-of, and more. Will I get a job if I test positive and fail a medical marijuana drug test? Before you move on, I was hoping you would consider taking the step of supporting Spotlight PAs journalism either one time, or with a monthly gift.This article and all of our journalism are available to you at no cost thanks to our supporters. How do I register with the department of health? Longenecker asked if he could keep his old job if he took a drug test and the results came back negative, but a human resource manager denied the request, his attorneys claimed. Residents of 33 states plus D.C can access medical marijuana. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. Still, the future of the legislation is unclear. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. He was demoted from that job to one that paid almost half, according to the lawsuit. Marijuana is still illegal at the federal level, which can create additional complications for some industries. Here is what you need to know. We shouldnt be limited. The Pennsylvania Supreme Court also has not issued an opinion that specifically clarifies protections for workers.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.They took what was a bright line rule and they completely muddied it up in a way that nobody can really make any sense out of, McCreary said of lawmakers.Fights in courtsIn lawsuits, medical marijuana patients said they were denied or fired from a variety of jobs: forklift operator, welder, medical assistant, construction worker, emergency medical technician, and customer service representative.Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. The criteria usually include being a resident of the state and having a qualifying condition. In conclusion, there are several potential changes to Pennsylvania's marijuana laws that could occur in 2023. Many have been settled before a judge could rule on the merits of the case.Employers and workers alike have asked for greater clarity but the legislature and governor have so far failed to explicitly outline the rights of scores of employers and workers.It essentially makes no sense, Pittsburgh attorney John McCreary Jr., who represents employers, told Spotlight PA.Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. Random Testing Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. Losing a job over a positive drug test can put unemployment benefits at risk. Unsurprisingly, the employee tested positive for . By Lainie Petersen Updated July 01, 2018 Failing a workplace drug test may cost you your job and your chance of receiving unemployment benefits. Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues. Show moreMedical Marijuana in PA, By the numbers$3.4 billion in sales by dispensaries414,446 active patient certifications1,830 approved practitioners23 qualifying conditionsSources (in order)Pennsylvania Department of Health, July That led the companys president to flag his marijuana use as a public safety issue and issue him an ultimatum: pass a drug test or lose his job. They think they have a card and they are protected, like I did.. 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. Report. 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. Pennsylvanias medical marijuana law doesnt define impairment. 5 min. Vague legal safeguards for medical marijuana users in Pennsylvania are forcing patients to choose between their job and a drug they say has changed their life, and leaving skittish employers vulnerable to lawsuits, according to a three-month Spotlight PA investigation. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Pennsylvanias law does not require employers to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. And, whats more, employers are able to discipline you for using medical marijuana in the workplace, or for being under the influence of the drug if your conduct falls below the standard of care normally accepted for your position. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. Moyer said he had a medical marijuana card at the time. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. 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. READ MORE: How medical marijuana affects your tenant rights in Pennsylvania. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. Spotlight PA is different. In 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty. But what about work? by Suzanne Sentman, SPHR on April 13, 2018. Among them:A worker at a Northumberland County distribution center was sent home and demoted after his medical marijuana card fell out of his wallet at work, his attorneys claimed in a lawsuit. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. The main provision of the Act as it pertains to use of marijuana by a licensee is 510, (4). After employees lose their job, they can run into other problems. Usually clinics are busy and impersonal, but everyone was so nice! Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. Self-Certification Form (DL-11CD) - download the form here from PennDOT. I have quit smoking in the meantime just in case, but it will . They took what was a bright line rule and they completely muddied it up in a way that nobody can really make any sense out of, McCreary said of lawmakers. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs.And some states offer stronger protections.