Medical Marijuana Policy — Pennsylvania

Sample Employment Policy: Medical Marijuana

*This is a sample draft for review by qualified legal counsel before adoption. It is not legal advice.*

Purpose

This policy establishes how the Company handles medical marijuana use by employees to balance workplace safety with respect for applicable state law.

Scope

This policy applies to all employees, applicants, contractors, and temporary workers performing work on Company premises or on behalf of the Company, regardless of position or work location.

Policy

General Position

The Company is committed to a drug-free, safe workplace. At the same time, the Company recognizes that some states permit the medical use of marijuana and, in some cases, provide employment protections for registered medical marijuana users.

What Is Prohibited — Regardless of Medical Status

• Reporting to work impaired by marijuana or any other substance.
• Using, possessing, or distributing marijuana on Company premises or during work hours, including during meal breaks on Company property.
• Operating Company vehicles, equipment, or machinery while marijuana may be impairing your ability to do so safely.
• Using marijuana while on call, even off-premises, if a call to report to work is reasonably expected.

What This Policy Does Not Do

• This policy does not prohibit an employee from using medical marijuana lawfully, off-duty, off Company premises.
• A positive drug test result alone, without observable signs of impairment or a safety incident, will not automatically trigger adverse employment action in states that prohibit such action. See the Pennsylvania Supplement below.

Safety-Sensitive Positions

Employees in safety-sensitive positions — including but not limited to roles involving driving, operating heavy machinery, working at heights, handling hazardous materials, or providing direct patient care — are subject to stricter requirements. Because no scientifically validated test currently measures real-time marijuana impairment, employees in these roles may be subject to additional fitness-for-duty evaluations.

Federal Law

Marijuana remains a Schedule I controlled substance under federal law. Employees working on federally regulated programs, federal contracts, or in positions subject to U.S. Department of Transportation (DOT) drug-testing rules must comply with all applicable federal requirements. Federal law controls in those circumstances.

Reasonable Accommodation

The Company will engage in an interactive process with any employee who requests accommodation related to a medical condition that underlies a medical marijuana authorization. Accommodation will be considered on a case-by-case basis and will not be granted where it would create an undue hardship or a direct safety threat.

Procedure

Disclosing a Medical Marijuana Authorization

1. Employees are not required to disclose medical marijuana use to the Company unless they are notifying HR as part of a reasonable accommodation request or unless they are in a safety-sensitive role subject to pre-duty disclosure requirements.
2. If you choose to disclose, contact Human Resources (HR) confidentially. Disclosure to a direct supervisor is not required and is not encouraged as a first step.
3. HR will keep all medical documentation confidential in a separate, secure medical file, accessible only to those with a need to know.

Requesting a Reasonable Accommodation

1. Submit a written accommodation request to HR using the Company's standard Accommodation Request Form.
2. Provide supporting documentation from your licensed healthcare provider describing your medical condition and functional limitations. You do not need to disclose that you use medical marijuana if you prefer to describe only the underlying condition.
3. HR will schedule an interactive meeting with you within five business days of receiving your complete request.
4. HR, in consultation with your manager and, where appropriate, legal counsel, will evaluate whether a reasonable accommodation exists that does not pose an undue hardship or direct safety threat.
5. HR will provide a written response within a reasonable time, typically within 15 business days.

If a Drug Test Returns a Positive Result for Marijuana

1. Before any adverse action is taken, HR will notify the employee of the result and offer an opportunity to provide context, including a valid medical authorization.
2. HR will review applicable state law protections (see Supplement below) before making a final decision.
3. Employees in safety-sensitive or federally regulated roles will be evaluated under the stricter standards described in the Policy section above.
4. If impairment on the job is suspected — not merely a positive test — a supervisor must document specific, objective, observable behaviors (such as slurred speech, loss of coordination, or erratic behavior) and immediately contact HR before taking action.

Corrective Action

Violations of the prohibitions in this policy (working while impaired, on-premises use, etc.) will be addressed under the Company's standard corrective action process and may result in discipline up to and including termination.

Questions

Direct questions about this policy to:

• Human Resources for accommodation requests, confidential disclosures, and general policy questions.
• Legal Counsel for questions about federal contractor obligations or DOT compliance.
• Your Manager for day-to-day safety concerns only — managers should route all medical and accommodation questions to HR immediately.

Pennsylvania Supplement

Pennsylvania's Medical Marijuana Act (MMA), 35 P.S. § 10231.101 et seq., materially differs from the baseline policy above in the following ways.

Employee Protections

• Pennsylvania law expressly prohibits employers from discriminating against or discharging an employee solely because the employee is a certified medical marijuana patient.
• An employer may not take adverse action based on a positive drug test result alone if the employee holds a valid Pennsylvania medical marijuana card and the positive result is consistent with lawful off-duty use.

What Pennsylvania Employers Still May Do

• Prohibit employees from being under the influence of medical marijuana in the workplace.
• Discipline or discharge an employee whose performance is materially impaired due to marijuana use, provided the employer can document observable impairment.
• Maintain prohibitions for safety-sensitive positions, as the MMA does not require an employer to accommodate impairment in any job where it would pose a safety risk.

No Obligation to Accommodate Marijuana Use Itself

Pennsylvania law does not require an employer to accommodate the use of medical marijuana at the workplace or during work hours. The accommodation obligation under this policy flows from the underlying disability or medical condition, not from the marijuana use.

Practical Steps Specific to Pennsylvania

1. Before taking adverse action based solely on a positive marijuana test, HR must confirm whether the employee holds a valid Pennsylvania medical marijuana certification.
2. Document observable impairment behaviors independently of any drug test result.
3. Review the accommodation request for the underlying condition using the interactive process described in the Procedure section — the analysis should focus on the condition, not the substance.

Review Note

The following areas are actively shifting and should be monitored before this policy is finalized or updated.

• State-level employment protections are expanding rapidly. More than half of U.S. states now have some form of medical or recreational marijuana law, and a growing number explicitly prohibit adverse employment action based solely on off-duty use or a positive test. Review each state where you have employees annually.
• Pennsylvania case law is still developing on what constitutes sufficient proof of workplace impairment and whether the MMA creates a private right of action for employees. Courts have issued conflicting signals; monitor Pennsylvania Commonwealth Court and Superior Court decisions.
• Impairment testing technology is evolving. Oral-fluid tests and behavioral impairment assessments are being studied and in some states are being introduced as alternatives to urine testing. Policy language around "current impairment" may need revision as reliable testing emerges.
• Federal rescheduling. The U.S. Drug Enforcement Administration (DEA) has proposed rescheduling marijuana from Schedule I to Schedule III. If finalized, this would not legalize workplace use or eliminate federal contractor obligations, but it could affect the legal landscape significantly. Track DEA and congressional action.
• DOT-regulated industries remain fully subject to federal zero-tolerance rules regardless of state law. Any employee population subject to DOT testing (FMCSA, FAA, FRA, FTA, PHMSA, USCG) should be covered by a separate, DOT-specific policy.
• Recreational marijuana is distinct from medical marijuana. If your state permits recreational use, a separate analysis of employment protections for recreational users is needed. This policy does not address recreational use.

*Reviewed by counsel recommended before first use and at least annually thereafter.*