February 25, 2022
Jean E. Novak
Medical Marijuana and Hemp
Jean Novak of Strassburger McKenna Gutnick & Gefsky appeared on CBS Pittsburgh for an interview on the discrimination of medical marijuana in the workplace. Watch the video below or view it on the CBS Local website.
Read an excerpt from the article below.
The state law seems clear: “No employer may discharge, threaten, refuse to hire or otherwise discriminate against … an individual who is certified to use medical marijuana.”
But businesses say it’s not that simple.
Employer attorney Jean Novak said state law has many exceptions. For instance, employers can legally deny employment to medical marijuana users applying for jobs in high places like high voltage electrical workers or confined spaces like miners. And since marijuana is still classified by the federal government as a Schedule I drug, Novak said federal agencies can rightfully deny employment.
On top of that, employers say they have discretion.
“I’m doing what I am permitted to do — that is keeping the public safe and keeping my other employees safe,” Novak said.