What are the employment rights of individuals certified to use medical marijuana?

Pennsylvania's Medical Marijuana Act specifically prohibits an employer from discharging, threatening, refusing to hire, or otherwise discriminating or retaliating against an employee solely on the basis of the employee's status as a certified medical marijuana user. However, the Act does not require an employer to make an accommodation for the use of medical marijuana on the employer's property or during working hours. In addition, the Act does not restrict an employer from disciplining an employee found to be under the influence where it has caused the employee's conduct to fall below the acceptable standard of care for that job.


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