In Pennsylvania can an employer who is a federal contractor refuse to hire an employee if they fail a drug test for marijuana even if they are certified for medical marijuana usage?

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In Pennsylvania can an employer who is a federal contractor refuse to hire an employee if they fail a drug test for marijuana even if they are certified for medical marijuana usage?

A person is certified for medical marijuana usage under Pennsylvanias Medical
Marijuana Law. They have one of the listed serious conditions that makes them
eligible to participate in the program. Can an employer refuse to hire this person if
they test positive for marijuana on a post-interview drug test?

The employer is considered a government contractor and falls under the Drug-Free
Workplace Act of 1988.

Asked on April 16, 2019 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can refuse to hire for this reason. Marijuana is still a controlled dangerous substance or illegal drug under federal law, even if medical marijuana is allowed under your state's laws: being a federal contractor, they have to follow federal law on the subject and can refuse to hire someone using marijuana, even if legally under state law.


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