Are there any laws regulating the use of cannabis in the workplace?

Yes, there are laws regulating the use of cannabis in the workplace in the state of Pennsylvania. Pennsylvania has a medical cannabis program that allows people with certain specified medical conditions to possess and use medical cannabis, with a doctor’s permission. Cannabis remains illegal for recreational use and is not recognized as a valid form of treatment. Employers in Pennsylvania are not required to accommodate medical cannabis use in the workplace. However, employers cannot penalize or take adverse action against employees solely based on their medical cannabis status. Employers may establish zero-tolerance drug-free policies that prohibit the use, possession, or transfer of cannabis in the workplace, as long as these policies are applied fairly to all employees. Employers are also prohibited from asking potential employees about their medical cannabis status, or requiring applicants to take any tests related to medical cannabis use. If an employer does ask about an applicant’s medical cannabis status, it is considered a form of discrimination and is illegal. If an employee tests positive for cannabis as part of a drug test, an employer may take disciplinary action such as suspension or termination. However, they may not act solely on the basis of the positive drug test result; there must be other evidence that the employee was impaired or under the influence of cannabis while on the job.

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