Thats all true for employees of private companies, . Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. People want jobs, not lawsuits, Auerbach says. return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana. Some places have found a way to reduce uncertainty. Editor in ChiefCLICK TO CONTRIBUTE NOW ReportingEd MahonSpotlight PAemahon@spotlightpa.orgIllustrationsLeise HookSpotlight PAEditingSarah HutchinsInvestigations Editorshutchins@spotlightpa.orgFact-Checking and Copy EditingStephen KearseAssistant Editorskearse@spotlightpa.orgLayoutEthan Edward CostonSpotlight PA100% Essential ReportingSpotlight PA relies on funding from Its complicated. Employee Can Bring Claim Under Pennsylvania Medical Marijuana Act Being able to have this safe, effective treatment I think has actually made them better firefighters and made our job safer.In Harrisburg, negotiations over employment protections have been lengthy and challenging, state Sen. Michele Brooks (R., Mercer) said during a committee hearing earlier this year.State Sen. Bob Mensch (R., Montgomery) introduced legislation in June 2021 that would specifically allow employers to place marijuana restrictions on people who work in several newly defined safety-sensitive positions, including anyone performing firefighting duties, dispensing pharmaceuticals, caring for a patient or child, or operating a motor vehicle. 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. 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. 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.

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