The Pittsburgh City Council has passed Ordinance 2024-0705 (the Ordinance), which prohibits employers from discriminating against medical marijuana patients in the workplace and limits certain marijuana drug testing of these patients. The Ordinance is effective immediately.
The Details
As background, the Pennsylvania State Medical Marijuana Act of 2016 (the Act) prohibits discrimination against medical marijuana users in employment.
The Ordinance
Ordinance 2024-0705:
· Prohibits covered employers from requiring applicants who hold valid Pennsylvania medical marijuana cards to participate in a pre-employment drug test for marijuana;
· Limits a covered employer’s right to require marijuana tests from employees who hold Pennsylvania medical marijuana cards while employed, if the employer does not suspect that the employee is impaired; and
· Protects an individual with a serious medical condition, disability or handicap that qualifies them to use medical marijuana (who is also covered under the Act)to access marijuana for certified medical use.
Note: Individuals must participate in the Pennsylvania Medical Marijuana Program to be covered under the Ordinance.
The Ordinance applies to an employer, employment agency or labor organization with five or more employees. It does not cover religious, fraternal, or charitable employers, and sectarian organizations that are unsupported (in whole or in part) by governmental appropriations.
Restrictions for Medical Marijuana Patients
Under the Ordinance, medical marijuana patients may not:
· Perform certain tasks or duties while under the influence of marijuana, including tasks or duties that are at heights or in confined spaces, life-threatening (to either the employee or employer), and could result in a public health or safety risk; and
· Operate or be in physical control of certain regulated chemicals, high-voltage electricity, or other public utilities with more than 10 nanograms of active THC in their bloodstream.
Exceptions
The Ordinance does not cover a position that is subject to drug testing due to regulations of the U.S. or Pennsylvania Departments of Transportation or a position that requires an employee to carry a firearm. The Ordinance also does not cover an applicant whose prospective employer has a valid collective bargaining agreement that addresses pre-employment drug testing.
Pittsburgh employers may:
· Prohibit the use of medical marijuana on workplace premises.
· Conduct testing for illegal use of controlled substances; conduct for-cause testing when there is reasonable cause to suspect that an employee is under the influence of a drug while at work; and conduct testing after a workplace accident.
· Take disciplinary action against an employee who is a medical marijuana patient when the employee is under the influence in the workplace and their conduct falls below the standard of care that is normally accepted for that position.
Next Steps
Pittsburgh employers should review their hiring and substance use policies to help ensure compliance with the Pittsburgh Ordinance, state law, and federal law.