Court Addresses Definition of "Under the Influence"
Tags : Drug Testing
In January, a Lancaster County Court of Common Pleas judge addressed the question of what constitutes being "under the influence" for purposes of the Pennsylvania Medical Marijuana Act (Act)'s safety exception.
The Pennsylvania Medical Marijuana Act (Act) prohibits employment discrimination against employees who use medical marijuana. When the Act was passed, the legislature included a safety exception within Sections 510(3) & (4) of the Act, stating that employers may prohibit employees from performing any task or duty which:
- the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical marijuana; or
- could result in a public health or safety risk while under the influence of medical marijuana.
However, the term "under the influence" was not formally defined in relation to these provisions.
In the case of Clark v. J.R.K. Enterprises, Inc., the plaintiff was a roadside flagger. The plaintiff disclosed his nightly use of medical marijuana to his employer after several co-workers were selected at random for drug tests. Considered a safety sensitive position, the employer determined that the plaintiff could only continue his position as a flagger if he agreed to cease using medical marijuana. In response to this determination, the plaintiff filed suit, alleging that the employer's decision was in violation of the Act.
Moving for dismissal, the employer argues that by the plaintiff's own admission, the plaintiff would consistently be under the influence of marijuana as the result of his continual use and, as such, should not be performing safety sensitive duties. Relying on the decisions in Commonwealth v. Dabney (Pa. Super. 2022) and Commonwealth v. Haney (Pa. Super. 2022), Judge Wright dismissed the suit. The judge contended that the lawful use of medical marijuana cannot include permitting employees to direct drivers through construction zones as a matter of general safety. Ultimately, it was the finding of the court that "to construe 'under the influence' to mean anything other than having any amount of marijuana in a Patient-Employee's system would be altogether untenable" as related to the Act's safety exception.
Employers are encouraged to review jurisdictional law regarding the legal recreational and medicinal use of marijuana as well as internal policies associated with safety sensitive positions and drug testing.
Posted: March 22, 2023
All Rights Reserved © 2023 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!
Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!
The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.
We flew through our NCQA licensure review. We very much appreciate Certiphi's help in earning a 100% score for the files!