In April, Pennsylvania legalized marijuana to regulate the use and distribution of the substance. In line with this, employees who use marijuana for medical purposes are protected under equal employment opportunity laws, based on panel discussions on Pennsylvania’s medical marijuana law during a Greater Lehigh Valley Chamber of Commerce gathering.
Pennsylvania’s law regulates medical marijuana use to that of pill prescribed to the patient by a legitimate physician. Once prescribed, the patient will receive a certificate from the state as well as a 30-day supply obtained from a specific provider.
According to panelist Keya Denner in a news item, businesses in Pennsylvania will have to revise their policies regarding medical marijuana in order to provide human resources training.
Meanwhile, panelist Frank Troilo, a lawyer specializing in workers’ compensation, also highlighted that employees in certain fields of work are excluded from the new regulations if their usage of medical marijuana is a risk to other employees or to the public.Troilo also stated that since medical marijuana is a regulated substance of the state, the individuals in question cannot be sued under the Americans Disability Act.
Other panelists argued that since the substance is regulated, it does not cause impairment, therefore rendering the act of discrimination moot in its existence.