What Pennsylvania Employees Need to Know About Medical Marijuana

In the six years since the Pennsylvania Medical Marijuana Act (MMA) was passed, Pennsylvania courts and practitioners continue to grapple with the extent to which the legislation truly protects workers who hold a medical marijuana card and lawfully use medical marijuana. While marijuana is still an illegal, controlled substance under federal law, the MMA nevertheless provides certain protections for Pennsylvania workers who hold a medical marijuana card.

Navigating the law in this rapidly developing area can be complex. So, what do we know about how the MMA impacts workers so far?

What protections do Pennsylvania employees have?

Under the MMA, employers may not discriminate or retaliate against an individual employee solely based on their status as a certified medical marijuana user.

While this sounds protective of workers in theory, the protection afforded to employees by the MMA is arguably narrower than similar protections in other states. The MMA does not:

alter employer obligations to abide by federal law, such as where a federal license or other regulation might govern worker qualifications,
mean that an employer cannot discipline employees who are impaired by marijuana at work or otherwise under the influence,
mean that an employer must permit medical marijuana possession and/or use at work,
prohibit an employer from restricting an MM cardholder in the performance of certain job tasks– In fact, the law singles out certain high-risk activities and gives employers broad discretion to prohibit employees who are MM cardholders from performing any task the employer deems as life-threatening, that could harm the public, or may pose health or safety risks.

Can a worker sue their employer for violation of the MMA?

Yes, they can. In Palmiter v. Commonwealth Health Systems, Inc., the Pennsylvania Superior Court held that anti-discrimination and retaliation provisions of the MMA create a private right of action. However, how courts will evaluate and apply the MMA’s anti-discrimination provision largely remains to be seen.

Key takeaway

Pennsylvania’s Medical Marijuana Act is still young, and the law is still developing. This, coupled with the fact that marijuana is still an unlawful pursuant to federal law, means guidance from experienced legal professionals is the best way to evaluate a potential claim under the MMA. If you are unsure of the laws surrounding medical marijuana, the experienced labor lawyers at Willig, Williams & Davidson are available to offer guidance to their clients on the Medical Marijuana Act.

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