Medical Marijuana, Part 5: Practical Considerations in Employment Litigation
Rejecting the contention that exclusive jurisdiction over enforcement of the MMA lies with the Department of Health, the court stated that "although the General Assembly did not expressly create a private right of action on behalf of an employee whose employer discriminates against her for medical marijuana use, it proclaimed a public policy prohibiting such discrimination.
January 27, 2022 at 11:55 AM
8 minute read
Employment LawWithin days of the publication in the Aug. 16, 2021, Legal Intelligencer of the last installment of this occasional series on Pennsylvania's Medical Marijuana Act (MMA), the Superior Court affirmed Judge William J. Nealon's decision—discussed in that article—that the MMA does provide for a private right of action by medical marijuana patients claiming discrimination in employment. See Palmiter v. Commonwealth Health Systems, 260 A.3d 967 (Pa.Super. 2021). Rejecting the contention that exclusive jurisdiction over enforcement of the MMA lies with the Department of Health, the court stated that "although the General Assembly did not expressly create a private right of action on behalf of an employee whose employer discriminates against her for medical marijuana use, it proclaimed a public policy prohibiting such discrimination. See 35 P.S. Section 10231.2103." 260 A.3d at 973. Beyond acknowledging the existence of the claim, however, the court did not provide any specific guidance to either patients or employers concerning their rights and obligations under the statute. It acknowledged generally that:
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