Pittsburgh, PA: Ban on Testing for Medical Marijuana
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APPLIES TO All Employers with Employees in Pittsburgh, PA |
EFFECTIVE September 24, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
The Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient, specifically prohibiting employers with five or more employees from requiring applicants who hold valid Pennsylvania medical marijuana cards to participate in pre-employment drug screening for marijuana. It also prohibits employers from requiring marijuana tests of employees who hold Pennsylvania medical marijuana cards during the course of employment, unless the employer has suspicion of impairment.
The Ordinance identifies a medical marijuana patient as “an individual who has a serious medical condition, disability or handicap such that qualifies them for medical marijuana use” and is certified under Pennsylvania law to use marijuana for medical reasons. Notably, the Ordinance includes several industry and position-specific exceptions, as well as safety-related exceptions to the prohibition on marijuana testing. This includes positions subject to drug testing due to regulations issued by the U.S. Department of Transportation or the state Department of Transportation, any persons working in positions that require the person to carry a firearm, or any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of applicants.
Under the new law, employers are permitted to take disciplinary action against medical marijuana patients if an employee is under the influence of medical marijuana in the workplace or is working while under the influence of medical marijuana, where the employee’s conduct falls below the standard of care normally accepted for their position. Additionally, the Ordinance specifically allows employers to do the following:
- Prohibit the use of medical marijuana on its property or in the workplace;
- Test medical marijuana patients for illegal use of controlled substances;
- Conduct for-cause drug testing if there is reasonable cause to suspect an employee is under the influence of a drug at work; and
- Perform drug tests after a workplace accident.
Action Items
- Review marijuana testing procedures for compliance.
- Consult with legal counsel on specific questions related to marijuana testing procedures.
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