In Pennsylvania and across the United States, the legalization of marijuana is still being debated. While it is legal for medical use in the Keystone State, it is still not legal for recreational use despite bills being advanced by lawmakers to do so.
While it will likely eventually be legalized, the current landscape in which recreational use is illegal but use for medical purposes is allowed presents a challenge for employers as they may need to consider adjusting their policies for prospective and current employees. Employers must be aware of the current laws regarding marijuana use and what steps they can take to try and regulate its use in the context of employment.
Recreational marijuana remains illegal in Pennsylvania
In the spring, the Pennsylvania House of Representatives passed a recreational marijuana law that would legalize it in the state. However, the state senate committee shelved the proposal with seven of the 10 committee members voting against it.
The idea of legalization was designed to prevent people from facing sanctions for recreational marijuana use while simultaneously bringing revenue from its sale into the state. Some were against the part of the law that would allow state-run establishments to sell marijuana. With nearly half the states in the union already having legalized recreational marijuana, many think it is only a matter of time before Pennsylvania follows suit with a law that many lawmakers can agree on.
Workplaces can still make their own policies regarding marijuana
Employers are still allowed to make their own rules regarding marijuana use. For nearly 10 years, those who were legally allowed to use medical marijuana had certain employment protections. Employers cannot penalize an employee because they are using marijuana for medical reasons. If, however, these employees are impaired while on the job, they can face sanctions for it. The employer is also allowed to have a testing policy.
The most recent attempt to legalize marijuana would keep the same employer rights in place regarding how it addresses its use. A recreational user would not have the same protections. The employer gets to decide whether they want a drug-free workplace and how and when to implement testing procedures.
Based on the recent bill to legalize marijuana, HB 1735, employers would retain the right to test prospective or current employees for cannabis. They can decide not to hire them, dispense discipline, or outright fire them if they choose to do so. Most employees are shielded if they are allowed to use marijuana for medical reasons. A notable exception is if safety is a factor.
Employers should be prepared when crafting drug testing policies
Because so many states are legalizing recreational use of marijuana and Pennsylvania allows for medical marijuana use, there could be a misunderstanding between an employee and the employer as to what can and cannot be done. For example, an employer could have a specific policy about marijuana use that the employee who tests positive will be terminated.
Since these issues can be problematic for an employer, it is important that they understand the current laws while also being prepared for the likelihood of marijuana eventually being legalized for recreational use. To create a comprehensive and easily understandable handbook for employees that covers all the bases, it is imperative to have professional guidance from those who are well-versed in all areas of employment law from the point of view of the employer and the employee.
