Pittsburgh Limits Employer Drug Testing for Medical Marijuana Patients

The Pittsburgh City Council passed an ordinance that significantly limits circumstances in which employers are permitted to administer pre-employment drug testing for medical marijuana patients. Notably, Pennsylvania has had protections set in place for medical marijuana patients under Chapter 21 of Act 16 since 2016. Still, the previous guidelines did not explicitly prohibit testing medical marijuana patients for cannabis use.

The new measure specifically aims to protect medical marijuana users from workplace discrimination. It limits the circumstances under which employers are permitted to conduct cannabis drug tests, aligning employee rights with legalized medical marijuana use in Pittsburgh.

Quick summary of the ordinance

Mayor Ed Gainey signed the ordinance on September 24, 2024, after it was unanimously passed by the Pittsburgh City Council, putting it into effect immediately. The ordinance prohibits requiring pre-employment cannabis testing or testing during employment for medical marijuana patients. The ordinance applies to most employers, employment agencies, and labor organizations with five or more employees.

The full details of the Pittsburgh Medical Marijuana Employment Protection Ordinance are available in the City Council meeting notes here.

Room for employer action

Under the new ordinance, employers are generally restricted from requiring pre-employment cannabis testing or testing during employment as a condition of continued or prospective employment. However, there are notable exceptions:

• Regulatory compliance: Positions subject to drug testing regulations by the U.S. Department of Transportation or Pennsylvania Department of Transportation.
• Firearm requirements: Positions that require the employee to carry a firearm.
• Collective bargaining agreements: Employers part of a valid collective bargaining agreement addressing pre-employment drug testing.

The new ordinance does not alter the definition of “employer,” which excludes further excludes certain religious, fraternal, charitable, and sectarian organizations.

In addition, the 2024 ordinance also allows disciplinary action and testing medical marijuana patients in certain situations, including:

• Reasonable cause: Employers may conduct drug testing if there is reasonable cause to suspect an employee is under the influence of a drug while at work or after a workplace accident.
• Disciplinary actions: Employers can take disciplinary action against a medical marijuana patient if their conduct falls below the standard of care normally accepted for their position while under the influence in the workplace.

The ordinance also notably allows room for employer rights to test for the suspected use of other illegal narcotics on the job and does not require businesses to permit the use of medical marijuana during work hours or on the premises.

The bigger picture

Limiting cannabis testing for certain roles is a significant development for the City of Pittsburgh. The ordinance aligns the city with Pennsylvania state law, which permits medical marijuana use outside of work with boundaries for employer action.

Employers hiring or operating in Pittsburgh should consult their legal counsel to determine whether this ordinance applies to them. Additionally, limitations on employer drug testing in Pittsburgh is just one moving part of a nationwide movement to align with changing cannabis use laws. Employers in areas with legalized medical or recreational cannabis use may want to keep an eye on current laws and upcoming changes to employee protection laws as the landscape evolves.