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Medical Marijuana Act Clouds the Rights of Employers to Establish and Enforce Marijuana Policies

Pennsylvania’s recently passed Medical Marijuana Act (MMA) has left employers dazed and confused about whether they may continue to enforce zero tolerance drug policies. The MMA, which provides qualifying patients with access to medical marijuana through a safe and effective delivery method, is intended to balance patient need for access with patient safety. However, balancing these interests is not always an easy task, especially because marijuana remains an illegal substance under the Federal Controlled Substances Act. The attempt to balance patient access and safety, and the juxtaposition between state and federal law, can put employers in a sticky situation, particularly when it comes to establishing and enforcing zero tolerance drug policies. Continue Reading