Pennsylvania Court Allows Employee to Sue Under Medical Marijuana Act

Since the Pennsylvania Medical Marijuana Act was passed into law in 2016, employers have been anxious to know what rights employees have under the Act.  Among other things, the Act prohibits an employer from firing an employee “solely on the basis of [his/her] status as an individual who is certified to use medical marijuana.”  35 P.S. §10231.2103(b)(1).  It does not, however, explicitly address whether an individual can sue his/her former employer for ending his/her employment in violation of the Act (i.e., whether the individual has a “private right of action” under the Act). 

In its recent decision in Palmiter v. Commonwealth Health Systems, Inc., the Court of Common Pleas of Lackawanna County became the first state or federal court in Pennsylvania to address this question.  The court determined that although the Act did not explicitly provide for a private right of action, it did provide for an implied right of action for employees.  The court stated that the Act’s anti-discrimination provisions “would be rendered meaningless” if an aggrieved employee could not enforce his/her rights under the Act.  The court noted that recognizing an implied right of action was consistent with the Act’s “purpose of providing safe and effective access to medical marijuana for eligible patients, while simultaneously protecting them from adverse employment treatment” in furtherance of the Act’s intent. 

Although it is unlikely that this decision will be the final word on this issue, as no appellate court in Pennsylvania has addressed this question, employers must be aware of the risks involved in taking disciplinary action against employees who are certified to use medical marijuana.  We will be sure to update you on any additional decisions in this rapidly-developing area of the law.  For any questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.