Bipartisan Pennsylvania Lawmakers Promote New Medical Marijuana Bill To Clarify Employment Laws For Patients

Bipartisan Pennsylvania lawmakers are circulating a memo seeking support
for a forthcoming bill that would revise the state’s medical cannabis law
to clarify employment rules and protections for patients.

Amid heightened debates around enacting adult-use legalization in the
Keystone State, Reps. Tim Twardzik (R) and Napoleon Nelson (D) sent out a
cosponsorship memo to colleagues on Tuesday detailing their intent to
introduce legislation they said will provide “much-needed clarity for both
employers and employees regarding medical marijuana use in the workplace.”

“While medical marijuana was legalized in Pennsylvania through Act 16 in
2016, it remains illegal under federal law, creating ongoing uncertainty
for employers navigating workplace policies,” they said. “Federal
guidelines for managing an employee’s use of legal prescription medications
do not extend to medical marijuana, leaving employers without clear
direction.”

“Although Act 16 includes workplace-related provisions designed to protect
employees in employment decisions, many employers continue to experience
confusion in interpreting their obligations under the law,” they said,
adding that their proposal will “directly address that ambiguity.”

Under the proposal, the existing medical cannabis law would be amended to
define terminology to “ensure consistency in interpretation,” provide
guidance for “drug testing procedures applicable to employees and job
applicants,” detail which circumstances “requiring disclosure of medical
marijuana use for safety-sensitive positions” and clarify the rules around
medical marijuana treatment as part of unemployment and workers’
compensation.

“Importantly, this bill will *not* alter the existing provision in Act 16
that prohibits employers from firing, refusing to hire, or discriminating
against an individual *solely* due to their status as a medical marijuana
patient,” the memo says. “Instead, it aims to ensure fair and transparent
workplace practices, benefiting both employers and employees alike.”

The text of the legislation isn’t available yet, but it expected to reflect
a Senate version filed last month by Sen. Patrick Stefano (R). The senator
circulated a similar cosponsorship memo in January ahead of its
introduction.

The latest version is set to be introduced at a time of increased attention
to broader cannabis reform in the state. The governor recently said he
remains “hopeful” that lawmakers can deliver an adult-use marijuana
legalization bill to his desk by a budget deadline at the end of this
month—and he’s urged the GOP-controlled Senate to “put their ideas on the
table” after the defeat of a House-passed cannabis reform measure in that
chamber.

“We’ve had really good, honest dialogue about it,” Gov. Josh Shapiro (D), who
recently criticized the Senate for abruptly derailing the House marijuana
legalization bill, said.

Whether Pennsylvania legislators will advance legalization this session
remains to be seen following the defeat of the House bill, which called for
a novel system of state-run dispensaries. But two Democratic lawmakers—Sen.
Sharif Street (D) and Rep. Rick Krajewski (D)—recently said they’re aiming
to reach a compromise and pass reform legislation before the budget
deadline.

Also, last month Sen. Marty Flynn (D) announced his intent to file a new
bill to legalize marijuana in the state, calling on colleagues to join him
on the measure.

While the House legislation Krajewski sponsored alongside Rep. Dan Frankel
(D) was rejected in a Senate committee following its expedited passage
through the House along party lines, Street said he’s “cautiously
optimistic we’re going to be able to revive the bill and amend it and move
forward with a work product that allows us to get a bill on the governor’s
desk and realize revenue.”

That said, Sen. Dan Laughlin (R), who has sponsored legalization
legislation with Street, recently seemed to suggest that lawmakers should
pump the brakes on the push to enact the policy change amid resistance to
reform within his caucus and instead pass a bill to create a new regulatory
body that can begin overseeing medical cannabis and hemp while preparing to
eventually handle the adult-use market as well.

“I remain committed to crafting a cannabis bill that can pass the Senate
and be signed into law to benefit all Pennsylvanians,” Laughlin said. “That
starts with honest dialogue from everyone involved, including House
leadership and the governor, to develop a realistic approach–not political
theater.”

Following the Senate committee vote, lawmakers from both chambers who
support legalization have been trading criticisms about each other’s roles
in the stalled push to end prohibition.

Krajewski, for example, recently wrote in a Marijuana Moment op-ed that Senate
Republicans who killed his House-passed cannabis legalization bill are
“stuck in their prohibitionist views of the past” and are “out of touch
with the will of our Commonwealth.”

Prior to that vote, Pennsylvania’s Republican attorney general said that
while he doesn’t currently support the House-passed marijuana legalization
bill, he’s open to changing his mind about the policy change after
continuing to review the details.

For what it’s worth, a recent poll found that Pennsylvania voters say they favor
a model where cannabis is sold by licensed private businesses, rather than
through a system of state-run stores.

The governor has repeatedly called for adult-use marijuana legalization.
However, he hasn’t endorsed the specific idea of having a state-controlled
model.

Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that
envisions a traditional private sales model alongside Rep. Emily Kinkead
(D)—said during the House floor debate on HB 1200 that she stands opposed
to the competing bill, emphasizing that she disagrees with the state-run
stores proposal.

While Democrats control the House and governor’s office, they will still
need to reach a deal with the GOP-controlled Senate to effectuate change.
And in addition to the conflicting perspectives among pro-legalization
legislators, another potential barrier to reform is exactly that political
dynamic.

Senate Majority Leader Joe Pittman (R) said that while he sees a “path
forward” for enacting regulations for separate gaming-related reform, “I’m
not seeing consensus between the four caucuses and the governor
collectively that [marijuana legalization] should be a priority.”

Regardless of which direction Pennsylvania lawmakers do—or don’t—go on
marijuana legalization this session, a survey released in April shows a
majority of adults in the state support the reform—and opposition to the
policy change has fallen by nearly 50 percent over the last decade.

Kinkead has made the case in another recent interview that legalizing
cannabis in Pennsylvania will help the state mitigate public health and
safety concerns associated with the illicit market, including the fact that
unregulated products can be laced with fentanyl.

The lawmaker previously introduced a separate bipartisan marijuana
legalization bill, alongside 15 other cosponsors, last September. It did
not advance, however.

Meanwhile, Laughlin recently called for the creation of a state “legacy”
fund, using tax revenue from adult-use marijuana sales and gaming to make
long-term investments in the Commonwealth’s economy.

The senator argued that, beyond using any resulting tax revenue to fund
day-to-day projects and public services, the state should earmark a portion
of those tax dollars for a fund to “provide a sustainable source of
prosperity that lasts for generations.”

Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to
legalize marijuana in the commonwealth, pointing out that, historically,
prohibition “has not turned out well,” noting the country’s experience with
alcohol criminalization.

Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats
are ready to pass a marijuana legalization bill this session, but that the
party “will need Republican support” to get the job done—adding that it
will be a “heavy lift.”

Polls have shown bipartisan support for legalization among voters, but the
reform has consistently stalled in the legislature, owing in large part to
GOP opposition. But not all Republican members are against the policy
change—and one recently said she felt her party should seize the
“opportunity to snatch” the issue from Democrats.

Separately in March, the Pennsylvania House approved a bill sponsored by
Frankel that’s meant to strengthen safety standards and oversight of the
state’s medical marijuana program as lawmakers work to advance adult-use
legalization.

While Pennsylvania’s medical cannabis program was enacted nearly a decade
ago, lawmakers say the measure, which now heads to the Senate, is necessary
to improve testing compliance, product audits and lab inspections, among
other aspects of the industry.

Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill
that would allow farmers and other small agriculture operators to sell
marijuana they cultivate to existing growers and and processors if the
state moves to legalize adult-use cannabis.

Separately, an independent Pennsylvania agency is projecting more tax
dollars to be generated from adult-use marijuana sales compared to what the
governor’s office has estimated, although it expects significantly less
overall revenue from cannabis legalization due to differing views on
licensing fees.

Pennsylvania officials have also launched a new survey that invites legal
marijuana businesses across the country to provide information about their
operations to help the state better understand the cannabis industry as
lawmakers consider enacting adult-use legalization this session.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

Also, in a video interview released in March, the governor emphasized that the
state is “losing out” to others that have already enacted adult-use
legalization, while maintaining a policy that’s enriched the illicit market.

“I think it’s an issue of freedom and liberty. I mean, if folks want to
smoke, they should be able to do so in a safe and legal way,” he said. “We
should shut down the black market—and, by the way, every state around us is
doing it. Pennsylvanians are driving to those other states and paying taxes
in those other states.”

The state’s agriculture secretary separately told lawmakers that he’s fully
confident that his department is in a “really good” position to oversee an
adult-use marijuana program if lawmakers act.

Meanwhile, in February, top Pennsylvania police and health officials told
lawmakers they are prepared to implement marijuana legalization if the
legislature moves forward with the reform—and that they stand ready to work
together as the details of legislation to achieve it are crafted.

Amid the growing calls for marijuana legalization in Pennsylvania, a GOP
state senator said prohibition has been a “disaster,” and a regulated sales
model for cannabis—similar to how alcohol and tobacco are handled—could
serve as an effective alternative.

A Republican Pennsylvania senator also recently defended the push to
legalize and regulate marijuana, calling it “the most conservative stance”
on the issue.

Sports Fans Welcome Cannabis Brand Sponsorships For Teams In Professional
Leagues Like NFL, NBA And MLB, Poll Shows

The post Bipartisan Pennsylvania Lawmakers Promote New Medical Marijuana
Bill To Clarify Employment Laws For Patients appeared first on Marijuana
Moment.