A: It depends.
Case in point: Davis v. The Albert M. Higley Co.
Brian Davis, who used legally prescribed medical marijuana to treat his anxiety, depression, and ADHD, sued The Albert M. Higley Co. for wrongful failure to hire under Pennsylvania's Medical Marijuana Act (MMA) and for disability discrimination under the Pennsylvania Human Relations Act (PHRA).
Higley had offered Davis a position as a Project Engineer, contingent upon passing a pre-employment drug test. Davis disclosed his diagnoses and his prescribed medical marijuana use; he then completed the required screening. After the test, Higley requested additional documentation from Davis’s doctor, including an estimate of his THC levels and assurances that his dosage would not impair his ability to perform job-related tasks safely. Davis's healthcare provider could not provide these specifics but confirmed that he had discussed safe and appropriate use with the plaintiff. Davis even offered to sign an agreement committing to refrain from cannabis use during work hours. Nonetheless, Higley rescinded the job offer, citing the drug test results and the missing physician certification.
The court denied Higley's motion to dismiss Davis's MMA claim, holding that he had plausibly alleged that his job offer was rescinded solely because of his status as a medical marijuana cardholder, which the MMA explicitly prohibits.
Conversely, the court dismissed Davis's PHRA claim, ruling that the law does not require employers to accommodate medical marijuana use as a disability-related accommodation. The same outcome would apply under the federal Americans with Disabilities Act.
Had this case been filed under Ohio's medical marijuana law, however, the result would have been quite different. In Ohio:
🌿 Employers do not have to permit the use of medical marijuana.
🌿 Employers can refuse to hire or terminate an employee for testing positive for marijuana, even with a valid prescription.
🌿 Employers can maintain and enforce zero-tolerance and drug-free workplace policies.
🌿 Employees cannot sue for discrimination if they are fired or disciplined for medical marijuana use.
So while Pennsylvania law offers some job protections for medical marijuana users, Ohio's approach is much harsher, leaving employees with little legal ground to stand on if they get burned for a positive test.
When it comes to medical marijuana in the workplace, state laws are all over the map. Employers need to know the lay of the land—or risk getting smoked in court.