While Pennsylvania’s Medical Marijuana Act (MMA) permits individuals suffering from certain conditions to use marijuana for medicinal use, it does not require employers to accommodate the use of medical marijuana at work or to “commit an act that would put the employer or any person acting on its behalf in violation of federal law.” Specifically, nothing in the MMA shall require an employer to make an accommodation of the use of medical marijuana on the property or premises of any place of employment, however, some have questioned whether an employer has the right to discipline an employee who uses marijuana outside of the workplace whose performance falls below the standard of care normally accepted for that position. A section of the Act details safety-sensitive roles and specifically prohibits employees from using marijuana who perform duties at heights or confined spaces, any tasks that threaten the life of the employee or their coworkers and duties that could result in a public health or safety risk. A recent court case in which an employee’s non-safety sensitive position was terminated due to a positive test result for marijuana could shed some light on the MMA.
