Not Understanding PA’s Medical Marijuana Act

In Pennsylvania, medical marijuana is legal for patients with certain health conditions and protected by the Pennsylvania Medical Marijuana Act (Act 16 of 2016). Certified patients can legally obtain and use cannabis to manage their symptoms. However, recreational marijuana use is still illegal in the state. And under federal law, marijuana remains classified as a Schedule I controlled substance.

This patchwork of laws can be confusing—especially for employers. Balancing employee rights with safety and compliance has become a concern. Some employers may not realize that their current drug policies are outdated, leaving them open to legal issues or, at the very least, to harming workplace morale.

If you’re a business owner or manager in Westmoreland County, now is the perfect time to revisit your workplace drug and alcohol policies.

We have helpful resources and an upcoming event designed to make this easier for you. But first, let’s review the basics.

Relying on Outdated Zero-Tolerance Policies

In the past, it was common for employers to have blanket zero-tolerance policies regarding drug use. A positive test? Termination. But under Act 16, this approach can backfire. The law provides certain protections for certified medical marijuana users, for terminating an employee solely based on a positive marijuana test, without considering their status as a certified patient, could violate their rights under Act 16.

Outdated policies that don’t reflect current laws may lead to lawsuits, create tension among staff, and erode trust and productivity.

Takeaway: Update your company’s policy language. Replace no tolerance rules with legal, and role-specific expectations. This is not something you can easily look up online. You should work with employment attorneys familiar with Pennsylvania’s Medical Marijuana Act (Act 16) and how it interacts with federal law, especially for industries governed by federal regulations (e.g., DOT).

Misunderstanding Off-Duty Protections

Many employers assume they can discipline employees for marijuana use outside of work. Not so fast. Under Act 16, certified medical marijuana patients generally have protections for prescribed off-duty use, provided they are not impaired during work hours and the use doesn’t conflict with federal requirements or legitimate workplace safety standards.  .

This means employers must walk a careful line: maintain a drug-free and safe workplace, but avoid overreach into personal time. Disciplining an employee for legal use outside of work—especially without evidence of impairment—can easily result in a legal claim.

Takeaway: Make sure your HR team understands when off-duty conduct is protected and when it crosses the line.

Applying the Same Rules to Every Role

One-size-fits-all drug testing policies are no longer the norm and no longer useful.  While some jobs—like those involving heavy machinery or patient care—require stricter guidelines, not all roles are safety-sensitive.

The Medical Marijuana Act (Act 16) recognizes an employer’s right to restrict even prescribed use from certain job functions, including CDL operators, hazardous chemicals, high-voltage electricity, or public utilities.

Employers may also discipline employees in safety-sensitive positions for being under the influence of medical marijuana if their conduct falls below accepted standards for the role. However, applying this 10 ng/mL THC limit to employees in non-safety-sensitive positions, such as administrative assistants, may violate their rights under Act 16’s anti-discrimination provisions.

Takeaway: Identify all safety-sensitive positions.

Ignoring Documentation

Employers sometimes discipline workers for a positive drug test without considering whether the employee is a registered medical marijuana patient. This is a mistake—and one that courts have flagged as discriminatory.

Employees should be given the chance to provide documentation supporting their status as certified patients. Employers who skip this step risk acting on incomplete information and could face a wrongful termination claim.

Takeaway: Establish a clear procedure for verifying certification before taking disciplinary action.

Overlooking HR Training

Even the best-written policy won’t protect you if your team doesn’t understand how to implement it. HR professionals and supervisors must be trained to recognize impairment, handle sensitive conversations, and respect privacy.

Lack of training can lead to inconsistent enforcement, employee complaints, and even lawsuits. Worse, it can damage trust between leadership and staff.

Takeaway: Invest in training. Your HR team should be your first line of defense—and support.

Best Practices for Today’s Employers

1. Regularly Update Your Policies
   Update your Employee Handbook annually.
2. Analyze Your Workforce
   Consider how MMA affects your team – not just safety-sensitive and non-safety-sensitive positions.
3. Communicate Clearly
   Make sure employees understand your policies.
4. Train Your Team
   Train your management to facilitate compliance.
5. Consult Legal Counsel
   When in doubt, ask. The cost of advice is far less than the cost of a lawsuit.

Want to Learn More? Join Us for Business Over Breakfast!

📅 Thursday, May 15, 2025
🕣 8:30 AM – 10:00 AM
📍 Live! Casino Pittsburgh
💲 $15 Members | $25 Future Members

 Business Over Breakfast: Business & Employer Strategies for Recreational and Medical Marijuana

Presented by the Westmoreland County Chamber of Commerce and attorneys from Creenan & Baczkowski, PC, this educational event will provide valuable insights for business owners, employers, HR managers, and anyone responsible for workplace policy.   The information presented is for general educational purposes and should not be construed as legal advice.

You’ll gain practical insights on:

• ✔️ Navigating the intersection of federal and state law
• ✔️ Developing compliant and effective workplace drug policies
• ✔️ Understanding employee rights and employer responsibilities
• ✔️ Managing safety, productivity, and morale in a changing legal environment

Whether you’re reviewing your policies for the first time or seeking to fine-tune your approach, this session will give you the clarity and tools you need to move forward with confidence.

🔗 REGISTER TODAY through the Chamber’s event calendar at www.westmorelandchamber.com

Your Chamber Is Here to Help

The Westmoreland Chamber of Commerce is more than a networking group—we’re a resource hub, an advocacy voice, and your partner in navigating complex business challenges. From legal workshops and professional development events to personalized referrals and policy updates, we’re here to help your business thrive.

📞 Call us today at 724-834-2900 to ask about membership, get connected with legal experts, or learn how to take full advantage of Chamber resources.

Stay informed. Stay protected. Stay connected—with the Westmoreland Chamber.