Jeffrey Campolongo, left, and Emily Wisniewski, right. Medical Pot Users Have Private Right of Action for Discrimination Under Act 16
Although the Pennsylvania Medical Marijuana Act bars employers from taking adverse action against employees who can legally purchase medical marijuana, there is no such protection for those who decide to actually use it.
October 23, 2020 at 12:12 PM
6 minute read
In the past seven months, the number of dispensary visits made by medical marijuana patients each week in Pennsylvania has increased by upwards of 70%. The foregoing statistic should hardly come as a surprise with many of us experiencing the quarantine-induced anxiety of a COVID-struck world. With anxiety being one of the most cited reasons for needing treatment, about 230,000 Pennsylvanians are now registered and have been issued cards that allow them to buy medical marijuana. But what happens to those 230,000 Pennsylvanians when they begin to return to work and to those who already have? Although the Pennsylvania Medical Marijuana Act bars employers from taking adverse action against employees who can legally purchase medical marijuana, there is no such protection for those who decide to actually use it. Fortunately, Pennsylvania courts may be on their way to clarifying how the seemingly conflicting sections of the Medical Marijuana Act can operate in harmony following the recent decision of Hudnell v. Thomas Jefferson University Hospitals, 2:20-cv-01621 (E.D. Pa. Sept. 25, 2020)
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