Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis.How long are people impaired from cannabis?That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups.Is there a standard definition of impairment for cannabis?No. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case.A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story.A dispute over federal rulesMarijuana is still illegal at the federal level, which can create additional complications for some industries. But what about work? Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis. Contest the punishment. Our journalism is produced to serve the public interest not profit motives. . . The criteria usually include being a resident of the state and having a qualifying condition. 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. I just dont know what our policy is on it and what would happen if I was sent out for a urine, Clark wrote, referring to a drug test and adding that he didnt want anyone to be caught off guard with this.. Steven Auerbach, JD, Narberth-based employment attorney. 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. Spotlight PA is different. 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. 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. Still, he worries the company could find another reason to drug test him. We've helped many clients navigate that maze and get the compensation they deserve, and we can help you, too. Refusals to submit to a drug or alcohol test are defined in 382.107. More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. What are your rights as a medical marijuana patient when it comes to employment? 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. So employers and employees are both left with a lot of ambiguity.Some places have found a way to reduce uncertainty. Absent a change in federal or state law, thats not likely to change soon. Moyer said he had a medical marijuana card at the time. 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. Losing a job over a positive drug test can put unemployment benefits at risk. How long is marijuana use detectable in a drug test? In Delaware, MedExpress is referred to as MedExpress Walk-In Care. 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. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. A person that ingests marijuana will have metabolites in his or her body for days, weeks, and possibly even months thereafter. An Allentown company fired a warehouse worker after he tested positive for marijuana use. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. How to become a caregiver in PA? 1-877-564-2333 contact form J. J. Keller. Still, the future of the legislation is unclear. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. The information provided here does not . 1. 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. More than 30 employer groups, including the Pennsylvania Chamber of Business and Industry, have urged the legislature to provide clear guidance on marijuana and workplace safety issues.Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.The safety question is a complex one. 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. We have no billionaire owner or shareholders to consider.Our journalism is produced to serve the public interest not profit motives.Our readers keep us independent, beholden to no outside influence, and accessible to everyone whether they can afford to pay for news, or not. (MEC) - also called a DOT medical card - when you meet the DOT physical requirements. Before a drug test is verified as positive, a medical review officer (MRO) must first ask the individual whether he/she has a legitimate medical reason for testing positive. Editor in Chief. 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. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. 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. Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. Here is what you need to know. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. Does wegmans drug test part time 15 year olds? That section states: 1. Pennsylvania has a three-step process for patients to obtain a medical cannabis card. Department of Veterans Affairs Policy on Medical Marijuana 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 Unfortunately, the answer is yes, they can. As a special bonus, all new monthly gifts made today will be matched as 12X their value thanks to the generosity of the Lenfest Institute for Journalism. 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. Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. In some cases, employees alleged they were punished without even undergoing a drug test. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites. 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. 1200 New Jersey Ave, SE Washington, DC 20590 United States. Especially if you need to use medical marijuana to manage your condition during the work day. ( 382.301 ). A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. spotlightpa.org/donate. Buy marijuana from cannabis dispensaries in the State of Virginia. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. 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. With gratitude, After the first visit, you will only need your marijuana card. Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred. Youve been reading our work. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job.I have had firefighters tell me that its changed their life dramatically, Leech said. You might, however, have a case under the Pennsylvania Human Relations Act, or the Philadelphia Fair Practices Ordinance at the city level. Pennsylvanias 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. 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. By Mail: PennDOT Bureau of Driver Licensing P.O. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. Still, the future of the legislation is unclear.For now, attorneys like McCreary in Pittsburgh are keeping an eye on court cases, looking at how judges rule.A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.BEFORE YOU GO, A QUICK REQUESTI hope you appreciated this article. The Department of Transportation's Drug and Alcohol Testing Regulation - 49 CFR Part 40, at 40.151 (e) - does not authorize "medical marijuana" under a state law to be a valid medical explanation for a transportation employee's positive drug test result. It varies. A spokesperson for Weis and an attorney who represented Longenecker declined to comment for this story. Enlarge the copy to 5 inches by 7 inches, to ensure that all information is legible. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job. But there is no similar national standard for drugged driving.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.I just dont know what our policy is on it and what would happen if I was sent out for a urine, Clark wrote, referring to a drug test and adding that he didnt want anyone to be caught off guard with this.Snare told him she was checking with her attorney and would get back to him.Unfortunately, we cannot allow you to flag for us, Snare wrote the next day.Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits.Taxpaying medical marijuana cardholders are finding really no safe harbor on the job, which should be guaranteed under existing Pennsylvania law, Todd Eachus, a member of the pro-cannabis legalization group Perfectly Normal, told lawmakers last year.For the more than 400,000 medical marijuana patients in the state, the stakes are high. While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies. Read Later. 5 min. Currently we've seen DOT physicals charged anywhere between $50 and $300. I am sorry but as of now, you no longer work for us.. plus a daily puzzle. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. Jack Lehr Electric declined to comment for this story, through an attorney. Fast and Simple. People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. I've called the PA Dept. How do you get your medical marijuana card in PA? return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. If you are fired or refused a job because of your status as a medical marijuana patient, in many cases, you can file a lawsuit. But it also helps me feel better about the fact that I have pain, Douglas told Spotlight PA. Its helped with depression. 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. The unemployment board later ruled in his favor, saying that the bare test results do not disclose how recently the claimant may have ingested marijuana before reporting to work or that his work performance somehow was impaired on the day of the test., Pennsylvania Department of Health, July It also prohibits patients from participating in certain high-risk activities while using medical . Since legalizing medical marijuana in 2016 for serious medical conditions such as cancer and epilepsy, Pennsylvania has seen an influx of medical marijuana users. Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. . The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. 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. of Health and talked to workers at various . Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired.It should be more clear, Moyer told Spotlight PA. A lot of people dont know. I'm a general assignment breaking news reporter. Even if you can file a lawsuit, keep in mind that it takes time up to 18 months, in Auerbachs estimation before a judge could possibly rule in your favor. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. Post-accident - Drug and alcohol tests may be required after crashes according to the following chart ( 382.303 ): The tests dont tell you whether an employee was impaired at work.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. Spotlight PA relies on funding from Military service branches apply a zero-tolerance policy to current service members who use drugs, including marijuana. Security officials will check your marijuana card before allowing you in. So employers and employees are both left with a lot of ambiguity.. 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. For the more than 400,000 medical marijuana patients in the state, the stakes are high. The employee, a Security Analyst, was required to submit to a return-to-duty drug test after being on leave for more than 90 days due to a surgery. Everyone deserves access to the facts.Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news.Thats why we need your help now.Your support enables us to continue to produce tough, unique reporting you wont find anywhere else. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. Show moreMarijuana, testing and impairmentHow long is marijuana use detectable in a drug test?It varies. 2022But the fight still wasnt over.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. Although Pennsylvania's MMP has been around for almost five years now, medical cannabis still has a ways to go. Clark told her he used marijuana to treat a medical condition and planned to continue doing so. Duties that could result in a public health or safety risk., As marijuana attorney Patrick Nightingale writes, that can make your legal protections complicated. 2022Pennsylvania Department of Health, July The employee's medical marijuana card expired during her leave, and she informed the testing personnel that she was awaiting recertification. The use and sale of marijuana is completely illegal. The card is generally valid for one year and can be renewed. report from the National Institute on Drug Abuse. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. Is there a standard definition of impairment for cannabis? Will you do your part today by making a contribution? Always be aware of your state laws concerning drug testing for employers and job applicants. If you value this reporting, please give a gift today at 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. Im in boston do they drug test for marijuanna. It will be left to the discretion of each employer whether they wish to recognize an employee's medical marijuana approval as an exemption to company drug testing policies. Those rules, Auerbach says, are zero tolerance, and you cannot have above a certain amount of THC in your system at all, even if you only medicate off work hours. Find a Drug Test Location. But restrictions on other workers such as those working at heights or in confined spaces are more vague. When we sat down with city officials to talk about this they said, We dont want firefighters coming to work high, Tim Leech, a firefighter and vice president of the local union, told Spotlight PA. And we said, Well, this is going to be easy because neither do we.. What are your rights at work if you use medical marijuana? He was demoted from that job to one that paid almost half, according to the lawsuit. A urine drug test would be the primary tool for determining if those workers were under the influence of marijuana. Physicians for Reproductive Choice and Health (PRCH) To order more cards or if you have any questions or comments, please contact the Clara Bell Duvall Reproductive Freedom Project, ACLU-PA at 215.592.1513 x115 or email duvall@aclupa.org. And while the law states that employers cant discriminate against an employee solely on the basis of such employees status as an individual who is certified to use medical marijuana, Spotlight PA has found that protection has significant limits. Pennsylvania's prescription assistance programs for older adults, PACE and PACENET, offer low-cost prescription medication to qualified residents, age 65 and older. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. Related Information from Chester County Hospital Drug and Alcohol Testing at Chester County Hospital Medical Marijuana The Truth About Medical Marijuana And Epilepsy Treatment Now join thousands of your friends and neighbors in supporting it.With gratitude, A Pennsylvania Supreme Court decision could offer clarity, but McCreary said the best way to resolve the issue is for the legislature to tell us what it meant.. 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. Juvenile Law Center. Office of Drug & Alcohol Policy & Compliance. Addressing the topic, one can be drug tested even with a medical marijuana card. 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. 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. best-of, and more. 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. Losing a job over a positive drug test can put unemployment benefits at risk. In 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. And what are the limitations? 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. Copy of your valid DOT medical card. Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. Here are a few examples:Arizona, Minnesota, and Delaware say employers cant punish patients based on a positive drug test for marijuana unless they used, possessed, or were impaired at work or on duty.New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees.New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty.All of those laws include exceptions if federal laws or rules require drug testing.Sources (in order)Arizona statutesDelaware codeMinnesota statutesNew York State Department of Labor guidanceNew Jersey Office of the Attorney General; New Jersey statutesCalifornia chapter of the National Organization for the Reform of Marijuana LawsIn 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty.When we sat down with city officials to talk about this they said, We dont want firefighters coming to work high, Tim Leech, a firefighter and vice president of the local union, told Spotlight PA. And we said, Well, this is going to be easy because neither do we.Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement.