Since Pennsylvania legalized medical marijuana in 2016, employers navigated the murky waters of drug testing applicants and employees who hold medical marijuana cards amid a lack of clarity in the law regarding these issues.

On September 24, 2024, a new law went into effect in the City of Pittsburgh that provides a guiding beacon for employers in this area. The law protects individuals holding medical marijuana cards from employment discrimination in the workplace based on their cannabis use for medically approved purposes. In other words, the law makes medical marijuana cardholders a protected class under local law.

The law includes sweeping protections, covering any employer with five or more employees, employment agencies, and labor organizations. In addition to generally prohibiting discrimination against applicants and employees based on their status as medical marijuana patients, the law specifically bars most employers in the city from requiring pre-employment drug testing for marijuana as a condition of employment if an applicant holds a medical marijuana card. Similarly, the law also limits an employer’s right to conduct ongoing marijuana tests for existing employees holding medical marijuana cards as a condition of continued employment, absent a suspicion of impairment or a workplace accident. There are built-in exceptions to the law for certain jobs deemed high-risk or regulated on a state federal level, as well as applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses pre-employment drug testing for applicants are not protected by the law.

Importantly, the law does not mandate that companies allow the use of medical marijuana on their premises, and employers have the right to prohibit workers from being under the influence at work.

Pittsburgh employers should reevaluate their pre-hire and ongoing drug testing policies or programs to ensure compliance with the law. Employers should note the exceptions, bearing in mind that the rule does not protect individuals holding certain specified jobs and that disciplinary action against employees in certain situations, such as if a worker is clearly under the influence during work hours, is acceptable.