Pennsylvania’s Medical Marijuana Act prohibits employers from taking certain adverse actions against employees based on their legal usage of medical marijuana. Even so, employers are not required to allow employees to come to work under the influence of medical marijuana when the employee’s conduct “falls below the standard of care normally accepted for that position.” In a Pennsylvania case filed in the Court of Common Pleas of Allegheny County, Pennsylvania, in October, medical marijuana cardholder Derek Gsell is suing Universal Electric Corporation for rescinding a job offer because he tested positive for THC in a pre-employment drug test. The former employee’s claim is a very clean test case for the practicalities of enforcing an employee’s rights under Section 2103.
