Nathaniel M. Glasser, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in the Lehigh Valley Business Journal Online, in “Medical Marijuana at Work: Employers Should Wait to See How New Pa. Law Takes Shape; but Act Now to Minimize Risk,” by Bryan Hay.
Following is an excerpt:
On his reading of the law, Glasser does not believe that Pennsylvania's new medical marijuana law significantly affects employers in the state with zero tolerance drug policies.
“In other words, I believe that employers who wish to maintain their zero tolerance policies may do so even under the new law,” he said. “Senate Bill No. 3 prohibits employers from discriminating or retaliating against an employee 'solely on the basis of such status as an individual who is certified to use medical marijuana.'”
This language suggests that employers can take adverse actions for other reasons – for instance, testing positive for or actually using medical marijuana, Glasser noted.