On April 18, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (Bill S 3). The law, which took effect May 18, 2016, legalizes prescription and use of medical marijuana by individuals with a serious condition. A “serious medical condition” is defined as any of the following:
- Cancer
- Positive status for human immunodeficiency virus or acquired immune deficiency syndrome
- Amyotropic lateral sclerosis
- Parkinson’s disease
- Multiple sclerosis
- Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- Epilepsy
- Inflammatory bowel disease
- Neuropathies
- Huntington’s disease
- Crohn’s disease
- Post-traumatic stress disorder
- Intractable seizures
- Glaucoma
- Sickle cell anemia
- Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective.
- Autism
Employers are prohibited from discharging, threatening, refusing to hire or otherwise discriminating or retaliating against an employee with respect to compensation, terms, conditions, location or privileges because the employee is certified to use medical marijuana. There are, however, exceptions to the antidiscrimination provision. Employers are not obligated to provide accommodations that would permit employees to use medical marijuana in the workplace. An employer may discipline an employee for being under the influence of medical marijuana or for conducting below the accepted standard.
Furthermore, employers must make sure employees under the influence do not perform any task that might be life-threatening to the employee or any other employees. As stated in the law, employees under the influence cannot handle chemicals that require a permit issued by the federal or state government or agency nor control high voltage electricity or other public utility.
Pennsylvania employers must review the Medical Marijuana Act to make sure their substance abuse policies and workplace safety standards are in compliance.