Pittsburgh has taken a significant step towards protecting the rights of medical marijuana patients in the workplace. Passed yesterday, the city’s new ordinance prohibits employers from testing most workers or prospective employees who hold state-issued medical marijuana cards. This move aligns with a broader trend as Pennsylvania lawmakers also push for the legalization of recreational marijuana.
New Pittsburgh Ordinance Protecting Medical Marijuana Patients
Medical marijuana has become an essential treatment option for many Pennsylvanians, offering relief from various medical conditions. The state’s medical marijuana program has grown significantly since its inception, with thousands of patients benefiting from access to this alternative treatment.
Pittsburgh’s City Council voted unanimously yesterday to ban employers from testing most workers and potential hires who possess state-issued medical marijuana cards, reported first by TribLive.
This is a big win for medical marijuana patients in the city, who will now be recognized as a protected class under the city’s anti-discrimination code. The ordinance prevents employers from discriminating against medical marijuana patients based on their lawful status and limits THC testing as a condition of employment.
The newly passed ordinance states that employers in Pittsburgh can no longer “discriminate in hiring or employment against any employee or prospective employee because of the individual’s lawful status as a medical marijuana patient.”
This includes prohibiting pre-employment THC testing as well as such testing during employment. By incorporating medical marijuana patients into the city’s existing anti-discrimination code, Pittsburgh aims to ensure fair treatment and equal employment opportunities for this group.
Exceptions to the Rule
While the ordinance is a positive step forward, it does come with some exceptions. Workers employed under collective bargaining agreements with their employers, especially in construction and other unionized sectors, do not benefit from the new protections.
Councilwoman Barb Warwick, D-Greenfield, who sponsored the legislation, said on Tuesday via TribLive that she was glad to see the measure pass but was disappointed that it won’t apply to construction workers and others whose union agreements cover drug testing.
“I believe that our construction workers deserve those same protections,” she said. “It’s unfortunate they won’t be getting them today.”
Additionally, jobs that require employees to carry firearms or comply with state or federal transportation department regulations are also exempt. Employers can still test these workers for THC and take appropriate action if they test positive.
Despite the new protections, the ordinance does not allow employees to use medical marijuana while on the job. Employers do not have to allow cannabis use during work hours, and they can still test employees for THC if there is reasonable suspicion of impairment.
If an employee is operating a vehicle, working at heights, or in confined spaces, they must not have more than ten nanograms of active THC in their blood. Employers can penalize employees if their conduct falls below the accepted standard of care due to marijuana use.
Medical marijuana patients who feel discriminated against at work can file complaints with the city’s Commission on Human Relations. This body will address allegations of discrimination, uphold patients’ rights, and offer recourse for those facing unfair treatment.
Pennsylvania’s Push for Recreational Marijuana Legalization
Pittsburgh’s ordinance comes at a time when Pennsylvania lawmakers are actively pursuing broader cannabis reforms. A bipartisan bill has been filed to legalize recreational marijuana in the state, signaling a growing momentum for change. With neighboring states like Ohio moving forward with legal cannabis markets and bringing in millions in tax revenue, Pennsylvania is eager to join the ranks and offer its residents the benefits of legalized marijuana.
Legalizing recreational marijuana in Pennsylvania could bring numerous benefits. It would generate significant tax revenue, create new job opportunities, and reduce the burden on the criminal justice system.
Additionally, legalization would provide a regulated market for marijuana, ensuring product safety and reducing the risks associated with illegal purchases. For medical marijuana patients, legalization could also mean easier access to their medication without the fear of workplace discrimination.
Pittsburgh’s decision to protect medical marijuana patients in the workplace should serve as a model for other cities and states. With the growing acceptance and legalization of marijuana across the United States, it is essential to ensure that we do not unfairly penalize or discriminate against patients who rely on medical marijuana. Lawmakers at all levels should consider similar measures to protect the rights of medical marijuana patients and promote fair treatment in the workplace.
