You're Fired? Wrinkle In PA's Medical Marijuana Law Raises Concern About Drug Testing
PHILADELPHIA (CBS) -- Philadelphia City Council, last week, voted to hold hearings on a new wrinkle in the medical marijuana law. Their concern is whether patients can be fired for using it, even if it's prescribed by a doctor.
The law eliminates criminal prosecution for using medical marijuana but doesn't address other obstacles to use. Councilwoman Cherelle Parker says that raises a question.
"What will happen to employees that are medical marijuana patients but who's employers do drug testing?"
She hopes the hearings will bring clarity to the issue and maybe develop possible adjustments to suggest to the state legislature. Otherwise, she says, it's likely to end up in court. That is precisely where the issue has landed in a couple of the other states that approved medical marijuana. In those cases, courts have held medical marijuana users are not covered by disability protections and employers can dismiss them if using it for any reason violates company policy.
