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How the Legalization of Marijuana Affects the Employer-Injured Worker Dynamic

Is there overlap between Pennsylvania’s 2-year-old Medical Marijuana Act and the much much older Pennsylvania Workers’ Compensation Act? You bet there is. Just look at the list of qualifying medical conditions for which a Pennsylvania resident may obtain medical marijuana—at least four of the 21 conditions could be “work-related” conditions:

  • Neuropathies;
  • Opioid use disorder for which conventional therapeutic interventions are contraindicated or ineffective, or for which adjunctive therapy is indicated in combination with primary therapeutic interventions;
  • Post-traumatic stress disorder; and
  • Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain.

Additionally, an injured worker may already be using medical marijuana for nonwork-related symptoms. So what does an employer need to know when dealing with an injured worker who is also using medical marijuana?

The Impact on Drug Testing

Most employers require post-accident drug testing as a means of promoting workplace safety. Under a typical drug testing policy, a positive test equates to a determination that the employee was under the influence. Discipline often follows. But, what if the employee is using medical marijuana? [Read More @ Legal Intelligencer]

 

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