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The Pittsburgh City Council unanimously adopted an ordinance that prohibits discrimination against medical marijuana users in the workplace, and limits certain types of marijuana drug tests by employers for these patients. Mayor Ed Gainey will sign the measure, and it will go into effect immediately.

Pennsylvania law already protects medical cannabis users from discrimination in the workplace.

The Pittsburgh Ordinance is applicable to any employer, employment organization, or labor union that employs five employees or more. Religious, fraternal and charitable organizations, as well as sectarian and religious groups, are excluded from coverage.

The Pittsburgh Ordinance protects those who have “a serious medical condition, disability or handicap that qualifies them to use medical marijuana” as well as those who are certified by the Pennsylvania State Medical Marijuana Act of 2016, (Act 16), to access marijuana for a medical use.

According to the Pittsburgh Ordinance an employer cannot require pre-employment marijuana testing or marijuana testing during employment as a requirement for continued employment or future employment. Exceptions include:

• The U.S. Department of Transportation and Pennsylvania Department of Transportation have regulations that require drug testing for certain positions.
• Any position that requires the employee to carry firearms;
• Applicants whose prospective employers are parties to a valid collective agreement that addresses pre-employment drugs testing.

The Pittsburgh Ordinance, like Act 16, prohibits medical marijuana patients from operating or being in physical control of certain regulated chemical, high-voltage electric, or other public utilities, if they have 10 nanograms or more of active THC present in their bloodstream. Medical marijuana patients are also prohibited from performing certain tasks or duties under the influence of marijuana, such as those at heights, in confined spaces, or any other duty that could pose a risk to public health and safety.

Pittsburgh employers can:

• When there is a reasonable suspicion that an employee may be under the influence of marijuana at work or following a workplace incident, it is a good idea to conduct a marijuana drug test.
• If an employee is under the influence of medical marijuana and their conduct falls below the normal standard of care for the position, then take disciplinary action.

Employers are not required to allow the use of medical marijuana in their workplace or on their property. They are also allowed to test for illegal use of controlled drugs. Employers in the Pittsburgh region should review their drug and hiring policies to ensure that they are in compliance with the Pittsburgh Ordinance and state and federal laws.