Bloomberg Law
Sept. 28, 2020, 3:47 PM UTC

Pennsylvania Worker Can Sue Employer for Medical Marijuana Bias

Patrick Dorrian
Patrick Dorrian
Reporter

Pennsylvania’s Medical Marijuana Act provides a private cause of action to workers, allowing state-sanctioned, card-carrying medical pot patients to sue their employers for alleged discrimination based on their lawful use of the drug, a federal judge in Philadelphia ruled on an issue of first impression.

No federal court in the U.S. Court of Appeals for the Third Circuit had previously addressed the question, and only one Pennsylvania commonwealth court had reached the issue, the U.S. District Court for the Eastern District of Pennsylvania said.

But courts in Arizona, Connecticut, Delaware, and Rhode Island have read those states’ similar laws as ...

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