Pennsylvania law protects you from being fired or refused a job solely because you are a certified medical marijuana patient. That protection has limits, though. Employers can discipline an employee who is under the influence at work and whose conduct falls below the standard of care for the position, and federal rules can override state law for some jobs.
This guide walks you through what the law says, what the courts have decided, and what Philadelphia and Pittsburgh add on top. It is general information, not legal advice, so use it to understand your rights and bring your questions to an employment attorney. By the end, you will know where your protection starts and where it stops.
The employment provision is section 2103(b)(1) of the Medical Marijuana Act. It reads:
No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.
In plain terms, an employer cannot fire you, threaten you, or refuse to hire you because you are certified. The ban also covers other discrimination or retaliation over pay, terms, conditions, location, and privileges. The word “solely” matters, because the protection covers your status as a certified patient, not every decision an employer makes.
The same section sets limits, as Ogletree’s summary also notes:
Yes, in some cases. In Palmiter v. Commonwealth Health Systems, the Superior Court ruled on August 5, 2021 that the Act lets an employee sue an employer for an adverse action based on certified patient status. For more detail, read Littler’s analysis of the ruling.
The ruling does not make every job decision unlawful. Employers can still act when an employee is impaired at work or when federal law requires a drug test. Talk with an employment lawyer about your facts.
The Act sets rules for certain safety-sensitive tasks. According to Ogletree’s summary, patients may not be under the influence while operating chemicals that require a government permit or working with high-voltage electricity or public utilities. The same applies to working at heights or in confined spaces. Employers may also bar tasks they consider life-threatening or a risk to public health or safety.
Federal law matters too, because the Act does not require an employer to violate it. Commercial drivers and other workers under federal drug-testing rules are covered by that exception. Read Veriheal’s guide on whether truck drivers can use medical cannabis. Healthcare workers can read Veriheal’s guide on whether nurses can have medical marijuana cards.
Yes. Philadelphia’s ordinance took effect on January 1, 2022. A Littler analysis says it prohibits most pre-employment marijuana tests, with exceptions for some jobs.
Pittsburgh passed an ordinance on September 24, 2024, and it took effect immediately. A Littler summary says it applies to employers with five or more employees. It bans requiring pre-employment marijuana tests of applicants who hold medical marijuana cards. It also limits tests of cardholding employees unless there is suspicion of impairment.
Exceptions include jobs subject to Department of Transportation drug-testing rules and jobs that require carrying a firearm. Employers may still test after a workplace accident.
Whether to tell your employer is your decision, and the right answer depends on your job. Read Veriheal’s guide on whether to tell your employer about your medical card. For privacy questions, read Veriheal’s guides on protecting your privacy and HIPAA as a medical cannabis patient and on whether a medical cannabis card shows up on a background check.
If you own firearms, consider speaking with a licensed attorney before you enroll in Pennsylvania’s medical marijuana program. Federal firearms law changed in 2026, but not everything changed. Here is what is different now:
Here is what did not change:
A lawyer can tell you how these rules apply to your situation. For more detail, read Veriheal’s guide on medical cannabis patients and gun rights.
Your protection under the Act depends on being certified, so your evaluation comes first. Veriheal connects you with a Pennsylvania physician for an online video evaluation. Your physician can tell you whether any in-person follow-up applies to you.
For the steps, read Veriheal’s guide on how to get your medical marijuana card online. To see what a card offers, read the benefits of a medical marijuana card.
Veriheal’s evaluation costs $199, and you can split the fee into interest-free installments. Every Veriheal evaluation comes with a “get approved or your money back” policy. The $50 state card fee is separate and paid to the state. Find a medical marijuana doctor to start your Pennsylvania evaluation today.
Note: The content on this page is for informational purposes only and is not intended to be professional medical advice. Do not attempt to self-diagnose or prescribe treatment based on the information provided. Always consult a physician before making any decision on the treatment of a medical condition.
Note: Veriheal does not support illegally consuming therapeutic substances such as cannabis but acknowledges that it transpires because of the current illicit status, which we strive to change by advocating for research, legal access, and responsible consumption. Always consult a physician before attempting alternative therapies.
No, a Pennsylvania employer cannot fire you solely because you are a certified medical marijuana patient. The Medical Marijuana Act bars that kind of discrimination. Employers can still discipline an employee who is under the influence at work and whose conduct falls below the standard of care for the position.
No, not solely because of your certified patient status. Section 2103 of the Medical Marijuana Act bars employers from refusing to hire an employee on that basis. Federal law and safety-related rules can still limit protection for some jobs.
No, a Pennsylvania employer cannot refuse to hire you solely because you are certified, but the Act has limits. An employer does not have to take an action that would violate federal law, and it may bar certain safety-sensitive tasks while you are under the influence. Talk with an employment lawyer about your facts.
In some cases, yes, you can sue your employer under Pennsylvania’s Medical Marijuana Act. The Superior Court held on August 5, 2021, in Palmiter v. Commonwealth Health Systems that the Act lets an employee sue for an adverse action based on certified patient status. Ask an employment lawyer about your situation.
Sometimes, Pennsylvania employers can drug test you even if you hold a medical card. Pittsburgh and Philadelphia limit some tests, but Pittsburgh still lets employers test after a workplace accident. The Act does not require employers to break federal law, so they may test when rules such as those of the Department of Transportation require it.
No, Pennsylvania’s Medical Marijuana Act does not require an employer to accommodate medical marijuana use on the property or premises of the workplace. Employers may also discipline employees who are under the influence at work, when their conduct falls below the standard of care for the position.
Telling your Pennsylvania employer about your medical card is your decision, and it depends on your job and your workplace policies. Veriheal’s guide on whether to tell your employer about your medical card covers the trade-offs.
A federal rule effective April 28, 2026 moved marijuana covered by a state medical marijuana license to Schedule III. The Act’s employment protection is state law, and the Act has long said employers need not violate federal law. Ask an employment lawyer how the change affects your job.
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