Last week, in what appears to be the first decision from any Pennsylvania state or federal court on the issue, the Court of Common Pleas of Lackawanna County held that Pennsylvania’s Medical Marijuana Act (“MMA”) protects an employee from being fired simply because he or she is a licensed user under the MMA. Writing for the Court, Judge Terrence R. Nealon determined that the MMA prohibits employers from terminating at-will employees because of their permitted, off-the-job use of medical marijuana. You can read the full opinion here.
This is a good decision for all those individuals in Pennsylvania who have received therapeutic treatment (and relief) from the use of medical marijuana since the adoption of the MMA in 2016. But medical marijuana users must still partake with caution. While this ruling signals that employers cannot fire an employee solely for using medical marijuana outside-of-work, the MMA still allows employers to discipline or fire an employee for: (1) being under the influence of medical marijuana while at work; or (2) working while under the influence of medical marijuana when the employee’s conduct falls below the normally-accepted standard of care for that job.
Delaware County Employment Lawyers at Eckell Sparks Fight for the Rights of Medical Marijuana Users
f you use medical marijuana to treat your health conditions and your employer is threatening your job, you need the services of a Delaware County Employment lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Our experienced lawyers will fight for your rights. For an initial consultation, contact us online or call us at 610-565-3701. Located in Media and West Chester, Pennsylvania, we proudly serve clients throughout Delaware County, Chester County, and Montgomery County.