Disability Discrimination: Medical Marijuana
After almost 100 years of being marked illegal by the government, marijuana is making a come back as a medicine for severe conditions. Pennsylvania became the 24th state in 2016 to legalize medical marijuana, promising to have the program up and running in 2018. Medical marijuana offers relief to many as well as possible employment problems.
Marijuana carries a certain stigma. Therefore, employees who use medical marijuana for a severe condition face employment discrimination, harassment, and wrongful termination. Consult a lawyer if you believe your boss has violated the law.
Medical Marijuana Discrimination
Employees are protected by the Medical Marijuana Act from discrimination due to their usage of medical marijuana. Employers are not permitted to fire, threaten, refuse to hire, or retaliate against an employee who is certified to use medical marijuana. Although employers can discipline an employee for being under the influence of medical marijuana, discipline can only occur when the employee’s performance drops due to their prescribed use.
Qualifying Conditions for Medical Marijuana in Pennsylvania
According to the Medical Marijuana Act, the following conditions qualify for medical marijuana treatment in Pennsylvania.
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s disease
- Damage to spinal cord nerves with objective neurological indication of intractable spasticity
- Huntington’s disease
- Inflammatory Bowel Disease (IBD)
- Intractable seizures
- Multiple sclerosis
- Parkinson’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Severe, chronic or intractable pain of neuropathic origin
- Sickle cell anemia
KM&A is a Pennsylvania law firm with offices in Pittsburgh and Philadelphia. We focus on employment law for employees, business law, litigation, and civil issues. KM&A fights for the livelihoods and careers of clients.
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Passionate Employment Lawyers
KM&A’s employment lawyers represent people for employment discrimination (age, disability, gender, LGBT, race, religious, reverse), executive and professional exit strategies, FMLA, sexual harassment, military discrimination, unpaid overtime, retaliation, severance agreements, unemployment benefits, unpaid salary or wages, and union issues.
We represent workers and small businesses in federal, state, and local litigation as well as in administrative proceedings. Our legal teams aggressively pursue our clients’ interests from the first filing in court through settlement or trial. We litigate all types of legal disputes, including complex litigation such as class action lawsuits.
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KM&A strives to protect the life work of our clients in every employment dispute. We endeavor to use the quality of our team of lawyers in Pittsburgh and Philadelphia to serve and represent employees who face employment disputes, wrongful termination, or employment contract negotiation.