What happened?

On September 24, 2024, the Pittsburgh Council passed Ordinance 2024-0705, aimed at protecting workers using medical cannabis. The Ordinance is expected to be signed by the mayor.

Quick Summary:

• Employers in Pittsburgh cannot discriminate against medical marijuana patients, who are now a protected class.
• Drug testing for these patients is banned, and discrimination can be reported to the city’s Commission on Human Relations.

What are the details?

• Prohibition on Discrimination: Employers cannot discriminate against current or prospective employees based on their status as medical marijuana patients.

• Definition of Medical Marijuana Patients: Includes individuals who:
  • Qualify for medical marijuana use due to a serious medical condition, disability, or handicap.
  • Are certified under the Pennsylvania Medical Marijuana Act for medical use.

• Ban on Drug Testing: Employers cannot require pre-employment or employment drug testing as a condition of employment for medical cannabis patients.

• Protected Class: Medical marijuana users are now a protected class in Pittsburgh.

• Reporting Discrimination: Medical marijuana users can report job discrimination related to their marijuana use to the city’s Commission on Human Relations.

• Exceptions to the Ordinance

• Job restrictions while under Medical Marijuana use

• Permitted Employer Actions

Business Considerations

• Employers should prepare to revise and update their hiring and employment policies to comply with the new rules, ensuring employment is not conditioned on cannabis testing for protected medical cannabis patients.
• Employers should note the exceptions because the new rules do not protect high-risk jobs or those under labor agreements requiring drug testing.
• Employers can still discipline workers under the influence of medical cannabis during work hours if they do not meet job standards.
• Employers should prepare to train their managers on the new rules, including when cannabis testing is prohibited and when decisions affecting medical cardholders could be discriminatory.

Source References

• New Pittsburgh Ordinance Protects Workers Using Medical Cannabis: 4 Steps Employers Can Take Now (Fisher & Phillips LLP.)
• Pittsburgh Ordinance 2024-0705
• Medical marijuana job protections pass Pittsburgh City Council (90.5 WESA)

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