Medical marijuana cardholders would be excluded from drug testing under proposed Pittsburgh bill

Pittsburgh councilmember proposes bill to exclude medical marijuana cardholders from drug testing

PITTSBURGH (KDKA) - Pittsburgh City Councilmember Barb Warwick is proposing a new bill that would exclude medical marijuana cardholders in the city from drug testing requirements.  

Pennsylvania legalized medical marijuana years ago, but to this day, not everyone has adapted, including employers. In the workforce, medical marijuana patients often face obstacles, like when it comes to drug testing. 

That may not be the case if Pittsburgh City Council passes the new bill.

A man named Dale agreed to talk to KDKA without revealing his identity. He's a medical marijuana cardholder and a union laborer.

"They end up getting laid off from their job. They get let go from their companies," Dale said.

He's now retired but knows a number of others like him, who are penalized by their employers, despite having legal prescriptions for the drug.

"They show their card, it does not matter," Dale said.

The ordinance would add these patients to the list of protected groups under the city code, classifying certain employment practices as discrimination.

"We say it's legal, that it's medicine, and then we're punishing people for using it to heal," Warwick said.

"It is unjust, archaic and extremely discriminatory to deny them employment based on their medical conditions," said Theresa Nightingale, the executive director of Pittsburgh NORML, and regional manager of corporate social responsibility for Cresco Labs, a multi-state operator cannabis company.

Sandra Cole serves youth and seniors in the Hazelwood area, as co-founder of an organization called P.O.O.R.L.A.W. She helped spark the conversation with Warwick about the challenges patients are facing with sustaining good employment.

"There is a lot of development that is happening now out in our community, and it is affecting the people who are in my community from getting those jobs," Cole said.

Exceptions to the ordinance would include drug testing after a workplace accident, or when an employer has reasonable suspicion that an employee is under the influence while at work. 

Employers also could still test those in positions that require them to carry a firearm or use a commercial driver's license.

As for Dale, he feels it's about time employers adapt to the times and laws.

"It definitely needs to be done. The laws have changed, so their views should change," Dale said.

Pittsburgh City Council is expected to vote on the bill in two weeks. Warwick is optimistic it will pass.

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