Medical Marijuana Act | Pennsylvania Employment Law Update

Megro0602On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (S.B. 3) into law, making Pennsylvania the 24th state to legalize medical marijuana. In regards to employment, the law provides that a medical marijuana patient may be prohibited by his or her employer from:

  • Performing any task the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical marijuana.
  • Performing any duty which could result in a public health or safety risk while under the influence of medical marijuana.

In either case, the prohibition will not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.

In addition, nothing in the law requires an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. The law in no way limits an employer’s ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee’s conduct falls below the standard of care normally accepted for that position. In addition, the law does not require an employer to commit any act that would put the employer or any person acting on its behalf in violation of federal law.

However, the law also provides that an employer may not discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location, or privileges solely on the basis of an employee’s status as an individual who is certified to use medical marijuana.

The law goes into effect on May 17, 2016.

Read PA S.B. 3

Originally published by ThinkHR – Read More


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