Brian Davis was legally prescribed medical marijuana under the Pennsylvania Medical Marijuana Act (MMA) to treat his anxiety, depression, and ADHD. After receiving a conditional job offer, the offer was rescinded after his drug screening. Under both the Americans with Disabilities Act and the Pennsylvania law, an employer is not required provide a disability-related accommodation for medical marijuana use, even if he did not use it on the job and had healthcare certification that he was not impaired and was capable of performing the job duties.
Davis' claim for accommodation under Pennsylvania's Human Rights Act was dismissed for failure to state a claim.
However, Davis was allowed to proceed on his separate claim that his job offer was rescinded solely because of his status as a medical marijuana cardholder, which is expressly prohibited under the MMA.
Davis v. The Albert M. Higley Company, LLC, Case No. 2:23-cv-1975 (U.S. Dist. Ct. W.D. PA)(Mar. 07, 2025).
Commentary
State laws on medical marijuana vary. For example, in Ohio, the medical marijuana law is stricter than Pennsylvania's in that Ohio has no protections based on medical marijuana cardholder status.
In New York, as another example, "the Compassionate Care Act was signed into law in New York in 2014, making New York the 23rd state in the U.S. to legalize medical marijuana. New York businesses with four or more employees are prohibited from firing or refusing to hire and discriminating in compensation or in the terms and conditions of employment, based on an individual's status as a certified medical marijuana patient. If an employer fires or otherwise disciplines an employee for the lawful use of marijuana, it may face a discrimination claim. Notwithstanding the legal protections granted under the law, employers may still enforce policies that prohibit an employee from performing his or her employment obligations while under the influence of a controlled substance." https://www.allynfortuna.com/new-york-employers-need-to-know-about-medical-marijuana/#:~:text=Despite%20the%20duty%20to%20accommodate,not%20illegal%20under%20federal%20law.
As of March 10, 2025, all 50 states, and the District of Columbia, have a law allowing legal medical marijuana use with varied accompanying restrictions. See https://disa.com/marijuana-legality-by-state for information about your state's law.
Bottom Line: Medical marijuana laws are still evolving, so it is important for employers to check with their local legal counsel to stay current on the latest statutory changes and legal opinions from the courts.
