Pittsburgh PA Bill Seeks To Protect Medical Cannabis Patients From Job Discrimination

Pittsburgh’s City Council is considering a new bill to protect medical cannabis patients from employer drug testing in Pennsylvania. Introduced by City Councilor Barb Warwick, the bill would prohibit employers from requiring drug tests for cannabis if the individual has a medical prescription, reported WESA.

“Medical marijuana cardholders in the City of Pittsburgh have taken the time to secure legal permission from the Commonwealth of Pennsylvania to use cannabis to treat a medical condition," Warwick said. "Excluding them from employment opportunities because of their medical condition is unfair and discriminatory.”

Pittsburgh Council Cannabis Bill

The proposed legislation would make medical cannabis cardholders a protected class under Pittsburgh’s city code, granting them similar protections as those against discrimination based on race, gender, or sexual orientation. Employers would generally be prohibited from testing prospective or current employees for cannabis use if they have a valid medical marijuana card. However, exceptions exist for certain job categories such as those requiring commercial driver's licenses, firearms or involving high-risk operations like handling chemicals and high-voltage electricity.

The bill does not permit the use of cannabis at the workplace and allows for testing after workplace accidents or if an employee is visibly under the influence. Employers could bar marijuana users from engaging in specific high-risk activities while on the job. The city already follows similar rules for its employees, including firefighters, who have been allowed to use medical marijuana since 2018.

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Impact On Employment

The bill aims to remove barriers for medical marijuana patients in the workforce. Warwick highlighted that testing requirements unfairly penalize those who use legally cannabis for medical purposes. “They are still unable in many cases to get work because of that," she said. "That's discrimination [and] we wouldn't do that for any other medical issue."

Ralph Sicuro, president of the Pittsburgh firefighter's union, noted that medical marijuana offers a viable treatment for conditions like cancer, PTSD and anxiety, common among firefighters. The city already abides by these rules with its employees, including the fire bureau. Saundra Cole-McKamey, founder of the nonprofit People of Origin Rightfully Loved And Wanted, pointed out that marijuana drug testing hinders employment opportunities in her community, particularly for those dealing with mental health issues.

Theresa Nightingale of Pittsburgh NORML added “Being able to provide for their families is integral to their survival. [It's] discriminatory to deny them employment based on their medical conditions,"

Olga George, spokeswoman for Mayor Ed Gainey, confirmed the administration’s support for the legislation. The bill will be discussed and voted on by the City Council next week.

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