What Happens if You Fail a Drug Test but Have a Medical Card in PA?

Pennsylvania and its medical marijuana laws have been in the spotlight recently, leading to some intriguing queries.

One such question is, “What happens if you fail a drug test but have a medical card in PA?”

This question becomes especially relevant if you’re a part of the workforce and are subject to routine drug tests.

You might be wondering if having a medical card in Pennsylvania provides immunity from these tests or even if it protects you from losing your job if you test positive.

It’s a complicated situation, no doubt, and we’ll try to provide some clarity. Stick around, and let’s dive into the nitty-gritty of drug tests with a medical card in PA.

Can You Get Fired for Failing a Drug Test With a Medical Card in PA?

If you failed a drug test but have a medical card in Pennsylvania, you might be safe from getting fired. The drug testing laws in PA say that employers cannot fire or discriminate against an employee solely based on their status as a cardholder.

However, employers have the right to address disciplinary actions if marijuana use has negatively impacted their job performance.

PA Pre-Employment Drug Testing Laws in 2024

Employers cannot use a positive marijuana drug test result to deny employment or terminate an employee. However, this only applies to pre-employment screenings.

This Pennsylvania drug test law doesn’t mandate employers to modify their existing drug policies at the workplace.

Therefore, your current employer can still conduct cannabis testing if they choose to. It’s also worth noting that there are exceptions to this general rule.

For example, certain job types, like law enforcement agencies, caregiving roles, and roles that may impact public safety or employee well-being, deviate from this principle.

Employers in these fields can still require a negative drug test result for marijuana as a condition of employment.

Legal Protections and Limitations of Medical Cards

If you’re wondering if a medical marijuana card protects you from drug tests, the answer is both yes and no. In Pennsylvania, holding a medical marijuana card comes with a certain degree of legal protection but also has its limitations.

Let’s break down the key points of what a medical card does and doesn’t shield you from regarding drug tests:

• In Pennsylvania, failing a drug test for marijuana won’t usually disqualify you from getting a job or result in termination.
• If you’re a resident of Pennsylvania, meet the eligibility criteria, have a medical marijuana card, and consume marijuana outside of work hours, you’re legally protected from being fired because of it.
• If your job involves working with machinery, operating heavy equipment, or handling hazardous materials, your employer may have the right to discipline or terminate you for using medical marijuana. 
• If you have a valid medical marijuana card and your employer requires a drug test, you’ll likely need to provide documentation confirming your enrollment in the Pennsylvania medical marijuana program.

Steps To Take if You Fail a Drug Test With a Medical Card

If you test positive for marijuana on a drug test but have a medical card in Pennsylvania, there are specific steps you can take to protect yourself:

• Inform your employer about your status as a registered medical marijuana patient and provide them with any necessary documentation.
• Request an alternative drug screening method, such as a hair or saliva test. These tests can detect THC usage within a shorter window of time and, therefore, may provide more accurate results.
• Consult with an employment attorney if you believe your employer has violated your rights as a medical marijuana patient in Pennsylvania.

Should I Tell My Employer I Have a Medical Card?

You are not required to disclose your medical marijuana status to your employer. However, employers are not prohibited from inquiring. While it is unlikely for them to do so in most situations, it is not advisable to be dishonest if they do.

Elevate Your Knowledge and Enjoyment Responsibly With Us

So, can a job fire you for smoking weed if you have a medical card? The answer is not a simple yes or no. While legal protections exist, nuances impact workplace scenarios. If you have a medical card in Pennsylvania, you must know your rights and responsibilities as an employee.

At Hippie & French, we’re here to help you stay informed about the Pennsylvania drug test laws and regulations around recreational and medical marijuana use. With a wide selection of high-quality products, we’re committed to providing you with the best possible experience.