Test Drive Our New Site! We have some improvements in the works that we're excited for you to experience. Click here to try our new, faster, mobile friendly beta site. We will be maintaining our current version of the site thru the end of 2024, so you can switch back as our improvements continue.
Legislation Quick Search
Advanced Search
Pennsylvania State Senate
07/07/2024 07:21 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=S&cosponId=41084
Share:
Home / Senate Co-Sponsorship Memoranda

Senate Co-Sponsorship Memoranda

Subscribe to PaLegis Notifications
NEW!

Subscribe to receive notifications of new Co-Sponsorship Memos circulated

By Member | By Date | Keyword Search


Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: June 22, 2023 04:44 PM
From: Senator Patrick J. Stefano
To: All Senate members
Subject: Medical Marijuana and Workplace Safety
 
In the near future, I will introduce legislation to provide additional clarity for employers and employees regarding the use of medical marijuana in the workplace.
 
Medical marijuana was legalized in 2016 via Act 16, while its use was unlawful under federal law.  Years later, its use is still illegal under federal law.  This inconsistency has created issues for employers since guidelines for managing an employee or applicant’s use of a legal prescription drug are set at the federal level and, therefore, cannot be applied to medical marijuana use.
 
Act 16 recognizes this issue and includes several provisions related to the workplace aimed at protecting employees in the context of an employment decision.  Despite this, employers have reported significant uncertainty and confusion in interpreting what the law expects of them when medical marijuana becomes a factor in their workplace. 
 
My legislation will address this ambiguity in several ways, including, among others:
  • defining several key terms;
  • guiding employers, employees, and job applicants related to drug testing;
  • outlining the circumstances under which disclosure of medical marijuana use may be required for safety-sensitive positions; and
  • clarifying how medical marijuana should be treated regarding unemployment compensation and workers’ compensation laws. 

It is important to note that this legislation will not change or affect the critical provision of Act 16 prohibiting employers from firing, refusing to hire, or otherwise discriminating or retaliating against an individual based solely on medical marijuana use.
 
Please join me in co-sponsoring this legislation to give Pennsylvania employers and employees the clarification and guidance they seek.  If you have any questions regarding this information, please contact Jake Gery in my office at jgery@pasen.gov.