- Employers cannot discriminate based on legal medical marijuana status of a patient.
- Employers are not required to accommodate use on company property.
- Employers may prohibit employees from performing any duty that would pose a health or safety risk if the employee was under the influence of marijuana. Additionally, (Penn. Statutes Title 35 P.S. Health and Safety
Section 10231.510) “…the prohibition shall not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.”
Philadelphia is latest city to pass a law prohibiting pre-employment drug screening for marijuana, effective Jan 1, 2022. There are some exceptions obviously DOT regulated employees and also policy officers, those supervising children or medical patients and other safety sensitive positions.
- ( M.M. Act Sec. 2102) “Nothing in this act shall be construed to require an insurer or a health plan, whether paid for by Commonwealth funds or private funds, to provide coverage for medical marijuana.”