Councilmember Warwick Introduces Bill Making Medical Marijuana Patients a Protected Class
Legislation would protect medical marijuana cardholders in Pittsburgh from drug testing requirements for employment
Pittsburgh, PA – Today Pittsburgh City Councilmember Barb Warwick (District 5) introduced a bill adding medical marijuana cardholders to the list of protected classes in the City of Pittsburgh, and classifying drug testing for marijuana as a requirement for employment as discrimination against medical marijuana patients.
"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. Excluding them from employment opportunities because of their medical condition is unfair and discriminatory," said Councilmember Warwick.
The ordinance designates “medical marijuana patients” as a protected class within the Unlawful Employment Practices section of the Pittsburgh City Code, and it classifies three employment practices as discriminatory to medical marijuana patients:
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Discrimination in hiring or employment
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Requirement of pre-employment testing for marijuana
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Requirement of testing for marijuana during the course of employment
Enforcement of the ordinance will be the responsibility of the Pittsburgh Commission on Human Relations (PghCHR), the agency tasked with investigating instances of discrimination in the City of Pittsburgh.
“Adding specific antidiscrimination protections for people who use medical cannabis will allow for improved access to employment,” said Rachel Shepherd, PghCHR Executive Director. “Providing clear guidelines for employers who may have concerns about the impact of such a protection and guidance for employees on how to be transparent in providing the information to their employer is essential in this process. We are happy to answer any questions about enforcement of this provision.”
Exceptions are included in the ordinance for for-cause drug testing and drug testing after a workplace accident. Positions required to drug test by the U.S. Department of Transportation or PennDOT and positions which require employees to carry a firearm are also excluded from the legislation.
Rob Cherry, CEO of Partner4Work, the workforce development board for Allegheny County and the City of Pittsburgh, noted that medical marijuana use can be a barrier to employment. "At Partner4Work, we recognize the evolving landscape of medical marijuana use and its implications for the workforce. We believe in fostering an inclusive environment that respects the rights and needs of all employees and reduces barriers to employment,” said Cherry.
State Representative Emily Kinkead (D-Allegheny), who recently co-sponsored a state House bill to legalize the adult recreational use of marijuana in Pennsylvania, expressed her support for Councilmember Warwick's local measure. “Medical cannabis is an important treatment for so many ailments and allows individuals to avoid opioids and all the associated negative consequences,” Rep. Kinkead said. “As we work to fully legalize cannabis use in Pennsylvania, I am proud to see Pittsburgh stepping up to protect patients from being discriminated against in their employment merely for partaking in legal medical treatment.”
The City of Pittsburgh decriminalized the possession of up to 30 grams of marijuana in 2015, and the Commonwealth of Pennsylvania established its medical marijuana program in 2016.
"Reducing unnecessary barriers to good, family-sustaining jobs is crucial for future of our city and the future of our residents. This is just one small step addressing one of those barriers," said Councilmember Warwick.
The bill will be discussed at Council's Standing Committee Meeting next Wednesday, July 17, and it will then be voted on at Council's Regular Meeting on Tuesday, July 23.
For press inquiries, please contact Councilmember Warwick’s Chief of Staff, Laura Byko, at (412) 874-0850 or laura.byko@pittsburghpa.gov.
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