Medical Marijuana Act Violation

The Pennsylvania Medical Marijuana Act (“MMA”) prohibits an employer from discriminating against an employee based on his or her status as a medical marijuana cardholder.  Specifically, Section 2103(b)(1) of the MMA provides that “[n]o employer may 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 such employee’s status as an individual who is certified to use medical marijuana.”

There are, however, a number of exceptions to the MMA’s general prohibition against discrimination, including the following:

• Patients who have more than 10 nanograms per milliliter of THC in their blood serum may not operate or be in physical control of (1) chemicals that require a federal or state permit or (2) a high-voltage electricity or other public utility.
• Employers do not have to “make any accommodation of the use of medical marijuana on the property or premises of any place of employment.”
• Employers may discipline employees 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.”
• Employers do not have to take any action violating federal law.
• Employers may prohibit patients who are employees from performing mining or any other “employment duties at heights or in confined spaces” while under the influence of marijuana.
• Employers may prohibit patients who are employees from performing any task which the employer deems life-threatening to the employee or other employees while under the influence of marijuana.

The law in Pennsylvania is currently unsettled as to whether an employee subjected to unlawful discrimination based on his or her cardholder status may pursue a private lawsuit in court against an employer.  However, courts in several states with medical marijuana acts similar to the Pennsylvania MMA have found that those acts do in fact create a private right of action for an employee harmed by unlawful discrimination.

If you have suffered an adverse employment action based on your status as a medical marijuana user, it is critical that you retain a knowledgeable and experienced employment attorney to protect your rights.  Contact Mobilio Law today for a FREE CONSULTATION.