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; and
• Outlining the circumstances under which disclosure of medical marijuana use may be required for safety-sensitive positions.

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.

This legislation was formerly Senate Bill 1290 during the 2023-24 Session and was co-sponsored by Senators J. Ward, Aument, Pennycuick, Brewster, Yaw, and Argall.

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 Jeffrey Ivicic in my office at jivicic@pasen.gov.
 

Statutes/Laws affected:
Printer's No. 784 (May 12, 2025): P.L.84, No.16