Pennsylvania Medical Marijuana Law Goes Into Effect This Month

Pennsylvania Medical Marijuana Law Goes Into Effect This Month

Pennsylvania became the 24th state to legalize medical marijuana when Governor Tom Wolf signed Pennsylvania’s Medical Marijuana Act into law on April 17, 2016.  The law, which is effective on May 17, 2016, allows for medical use of marijuana to treat certain serious medical conditions like cancer, HIV, ALS, Parkinson’s disease, multiple sclerosis, PTSD, etc.

Pennsylvania employers can’t discriminate or retaliate against employees because they are certified to use medical marijuana; however, they are not required to accommodate medical marijuana use in the workplace.  Additionally, the federal Americans with Disabilities Act (ADA) does not require accommodation of medical marijuana use, whether the employee uses marijuana on the job site or off the job site.

Although it may be clear that employers can prevent employees from using marijuana at work, it is still not so clear whether employees are protected when they come to work with marijuana in their systems. The Department of Health of the Commonwealth of Pennsylvania must publish temporary regulations which will hopefully help to clarify this and other unanswered questions within six months.

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