Case Overview
The case centered on Brian Davis, who received a conditional job offer from a construction firm, pending a drug test. Davis, a certified medical marijuana user for conditions like anxiety and ADHD, declined to submit physician documentation about his THC levels or potential impairment. Instead, he offered to abstain from cannabis during work hours. The company revoked the offer.
Court’s Findings
The court dismissed Davis’s PHRA claim, emphasizing that marijuana’s illegality under federal law excludes it from protection under state disability law. However, the court allowed Davis to move forward with a claim under the Pennsylvania Medical Marijuana Act (MMA), suggesting the law might offer protections against employment discrimination based solely on cardholder status.
Implications for Employers
The ruling highlights the ongoing conflict between federal prohibition and evolving state laws. Employers in Pennsylvania are encouraged to review internal policies to ensure they don’t unintentionally violate the MMA when dealing with certified medical marijuana patients.
Navigating the blurred lines of legality and workplace policy remains a challenge—and a necessity—for businesses across the state.
Dabbin-Dad Newsroom
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