Pennsylvania
Information provided is current as of August 15, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
In Pennsylvania, medical cannabis is legal for patients with qualifying conditions under the Medical Marijuana Act, and CBD products derived from hemp with less than 0.3% THC are also legal.
Patients are not permitted to grow their own cannabis plants; all medical cannabis must be obtained from statelicensed dispensaries.
State Regulatory Agency Information
State Testing Policy
Employers can conduct drug tests for pre-employment, random, reasonable suspicion, and post-accident situations, should ideally have a written policy outlining these procedures, and are not required to accommodate medical marijuana use, allowing for disciplinary actions against employees who test positive.
*Remember, establishing robust documentation is a key risk mitigant for employers in states like the Pennsylvania.
In Pennsylvania, safety-sensitive positions for drug testing include roles where impairment could significantly impact safety, such as those involving transportation, healthcare, construction, and public safety.
Employers in Pennsylvania should obtain written consent from employees before drug testing and must keep test results confidential, sharing them only with those involved in employment decisions or human resources.
