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PA Courts Issue Several Decisions in 2020 Clarifying Employee Rights for Medical Cannabis Patients Who Legally Use Outside of Work

Posted: December 23, 2020

Throughout 2020, Pennsylvania courts issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under its medical cannabis statute, the Medical Marijuana Act (“MMA”). Under the MMA, individuals with serious medical conditions who may benefit from the use of medical marijuana can obtain prescriptions for it from licensed healthcare providers. Most recently, in Pittsburgh Water and Sewer Authority v. Unemployment Compensation Board of Review, the Pennsylvania Commonwealth Court affirmed a decision by the Unemployment Compensation (“UC”) Board of Review — finding that a former employee who was lawfully using medical marijuana pursuant to the MMA was entitled to UC benefits following termination for a positive drug test. Additionally, both Pennsylvania state and federal courts have issued decisions regarding what type of claims a medical cannabis patient can assert, and under which statute those claims can be asserted.

The link to this alert can be found here for additional details.