When the Medical Marijuana Act (MMA) was passed in Pennsylvania in April of 2016, it gave hundreds of thousands of residents legal access to cannabis to help manage symptoms of qualifying medical conditions, including chronic pain, cancer, multiple sclerosis, and Post-Traumatic Stress Disorder (PTSD). It also prohibited employers from terminating employees who are certified to use medical marijuana.
However, while the law recognizes that patients who meet the requirements can legally use medical marijuana, it does not give employees a free pass to use marijuana any time they want, or to show up to work impaired. If you were fired for legal cannabis use, or you have questions about the MMA, it is highly recommended that you contact an experienced employment lawyer as soon as possible.
What the PA Medical Marijuana Act Protects
The Pennsylvania MMA provides a number of protections for certified medical marijuana patients, including the following:
- Employment: Employers are generally prohibited from firing, threatening to fire, refusing to hire, or otherwise discriminating or retaliating against an employee simply because they are certified to use medical marijuana. This protection also covers compensation, working conditions, job location, and other employment privileges.
- Lawful Medical Marijuana Use: The MMA also protects employees from being arrested, prosecuted, or facing other penalties under state law for cannabis use that is permitted by the Act.
Certain Professional and Licensing Rights: The law also protects certain practitioners, caregivers, and others involved in the medical marijuana program from penalties based solely on legal conduct under the Act.
Can an Employer Fire a Certified Patient?
If you use cannabis for medical reasons, your employer may not terminate your employment simply because you are a certified medical marijuana patient. The MMA legally prohibits employers from discharging, refusing to hire, demoting, or discriminating against an employee because of their medical marijuana use. However, while these protections are in place, your employer can fire you or take disciplinary action against you for the following reasons:
- Use on the job. Your employer is not required to allow you to use, buy, or keep marijuana at work.
- Impairment at work. Employers are not required to allow medical marijuana use or possession on the premises, or during working hours. If you are under the influence of marijuana, and your performance falls below the standard of care for your position, your employer may terminate you or take disciplinary action.
- Federal mandates and regulated positions. Marijuana is illegal at the federal level, so state protections do not override federal mandates. If your position falls under federal regulations, including the Department of Transportation, law enforcement, federal contractors, or positions requiring federal security clearances, employers must comply with federal zero-tolerance rules and can fire you for a positive drug test.
- Drug testing and “sole basis” loophole. Courts often side with patients who have been fired over off-duty marijuana use. However, some employers continue to enforce zero-tolerance drug policies.
Safety-Sensitive Jobs and Federal Exceptions
Certified medical marijuana patients are generally protected by the MMA. However, the law also contains explicit restrictions that prohibit medical marijuana users from performing safety-sensitive jobs that could jeopardize the safety of the employee performing the task and other workers in the vicinity. The following are examples of safety-sensitive jobs:
- Commercial truck drivers and other CDL drivers
- School bus drivers
- Jobs that involve working with high-voltage electricity or public utilities
- Pilots and aviation workers
- Certain public transportation workers covered by federal rules
- Workers who operate heavy machinery and dangerous equipment
- Certain law enforcement or armed positions
- Other positions subject to federal drug-testing or safety rules
What to Do After an MMA-Related Termination
If you were fired from your job for using medical marijuana to manage symptoms of a medical condition, it is important that you act quickly and take the following steps:
- Write down exactly what happened. Create a detailed timeline, including the following information:
- When you received your medical marijuana certification.
- When your employer learned about it.
- What you told your employer about your medical marijuana use.
- Who knew about your certification.
- When you were tested, if you were drug tested.
- What the test showed.
- What your employer said was the reason for the termination.
- Who made the termination decision.
- Whether other employees were treated differently.
- Whether you were accused of being impaired at work.
- Whether your position is considered safety-sensitive.
- Preserve your evidence. Keep copies of the termination letter, emails, text messages, drug-testing paperwork, employee-handbook provisions, disciplinary notices, performance reviews, and other relevant records.
- Find out your employer’s stated reason for firing you. If you were fired simply because you are a certified medical marijuana patient, this raises serious legal issues under the MMA. However, if you were terminated for being impaired while performing a safety-sensitive job, this may be permitted, depending on the facts. Similarly, a positive marijuana test does not necessarily answer every legal question by itself. The circumstances surrounding the test, your job, the employer’s policies, and the reason for the termination can all matter.
- Review your employer’s drug and alcohol policy. Look for provisions concerning the following:
- Medical marijuana
- Drug testing
- Positive marijuana tests
- Impairment
- Safety-sensitive positions
- Prescription or legally used medications
- Off-duty conduct
- Federal contracts or federal regulations
An experienced employment lawyer can help determine whether the policy conflicts with protections available under Pennsylvania law.
- Determine whether your job falls under an exception. The MMA does not provide unlimited employment protection. Pennsylvania law specifically says an employer does not have to accommodate medical marijuana use at the workplace. It also permits discipline for an employee who is under the influence at work when the employee’s conduct falls below the standard of care normally accepted for the position.
Federal law can also create additional complications. For example, if your employer has a federal legal obligation that would be violated by allowing your medical marijuana use, the MMA does not require the employer to violate federal law. - Speak with a Pennsylvania employment lawyer. A highly skilled employment lawyer can review the facts and determine whether the termination appears to violate the MMA or whether another employment law may apply. This is particularly important if your employer claims you were fired for a reason other than medical marijuana status. An employment lawyer can examine whether that explanation is supported by the evidence or whether medical marijuana certification appears to have been the real reason for the termination.
- Consider whether other laws may apply. Your situation may involve more than the Medical Marijuana Act. For example, Pennsylvania’s Human Relations Act (PHRA) protects employees against certain forms of disability discrimination and retaliation. The PHRC says the PHRA generally applies to employers with four or more employees. Whether a particular medical condition or marijuana-related termination creates a separate disability claim depends heavily on the facts. A medical marijuana certification by itself does not automatically mean that an employee has a successful disability-discrimination claim.
- Pay close attention to deadlines. Do not wait until you have everything figured out before investigating your legal options. The PHRV generally gives employees 180 days from the alleged discriminatory event to file an employment discrimination complaint. Other potential claims can have different deadlines. Because missing a deadline can affect your rights and prevent you from recovering any damages if your claim is denied, it is highly recommended that you consult with an employment lawyer as soon as possible.
- Consider filing an administrative complaint when appropriate. If your situation involves discrimination covered by the PHRA, you may be able to file an employment discrimination complaint with the Pennsylvania Human Relations Commission. The PHRC allows employees to submit an employment discrimination intake questionnaire and says its staff can help people understand the complaint process. If federal discrimination laws may also apply, there can be procedures for having a complaint handled by both the PHRC and the U.S. Equal Employment Opportunity Commission.
Frequently Asked Questions
Can My Employer Require Me to Take a Drug Test?
Yes, Pennsylvania employers may have drug testing policies. However, the employer will need to consider employees’ status as a certified medical marijuana patient. A positive drug test does not automatically mean that the employee can be legally fired.
Can I File a Wrongful Termination Complaint if I Am Fired for Marijuana Use?
Yes. If your employer terminates you for using medical marijuana, you can file a wrongful termination lawsuit under the MMA. If successful, you may recover back pay, reinstatement, and other damages.
How Do I Prove that I Was Terminated Because of My Medical Marijuana Use?
Keep copies of drug-test results, workplace policies, text messages, and emails about your medical marijuana use. It is highly recommended that you consult with an employment lawyer who will determine whether your legal rights have been violated.
Philadelphia Employment Lawyers at The Gold Law Firm P.C. Represent Clients Who Were Fired for Legal Cannabis Use
If your employer terminated your employment because you are a certified medical marijuana user, it is highly recommended that you contact the Philadelphia employment lawyers at The Gold Law Firm P.C. as soon as possible. We will examine the details of your case, determine whether your legal rights were violated, and negotiate the best possible settlement outcome. To schedule a free consultation, call us today at 215-569-1999 or contact us online. We are located in Philadelphia and Pennsauken, New Jersey.
