S0749B0893A03984 JKL:EJH 04/11/22 #90 A03984
AMENDMENTS TO SENATE BILL NO. 749
Sponsor: SENATOR MENSCH
Printer's No. 893
Amend Bill, page 1, lines 1 through 17, by striking out all
of said lines and inserting
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," in preliminary
provisions, further providing for definitions; in patients,
further providing for prohibitions; and, in miscellaneous
provisions, further providing for protections for patients
and caregivers.
Amend Bill, page 1, lines 20 through 25; pages 2 through 7,
lines 1 through 30; page 8, lines 1 through 9; by striking out
all of said lines on said pages and inserting
Section 1. Section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended by adding
definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Essential functions." The fundamental, not marginal, duties
of a position.
* * *
"Impairment." As follows:
(1) Symptoms of being under the influence of marijuana
that may decrease or lessen an employee's performance of
2022/90JKL/SB0749A03984 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
essential duties or tasks that an employer, in good faith,
believes will result in carelessness, negligence or disregard
for the safety of themselves or others and disrupt business
operations.
(2) Observable symptoms of impairment from medical
marijuana may include, but are not limited to, the employee's
speech, mobility, physical dexterity, agility, coordination,
demeanor, appearance, odor or irrational or unusual behavior.
* * *
"Safety-sensitive position." A position that requires any
activity that an employer reasonably believes presents a
potential risk of harm to the health or safety of an employee or
others while under the influence of medical marijuana,
including, but not limited to:
(1) Duties performed at heights or in confined spaces,
including, but not limited to, mining.
(2) The operation of a motor vehicle, other vehicle,
equipment, machinery or power tools.
(3) Repairing, maintaining or monitoring the performance
or operation of any equipment, machinery or manufacturing
process, the malfunction or disruption of which could result
in injury or property damage.
(4) Performing firefighting duties.
(5) The operation, maintenance or oversight of critical
services and infrastructure, including, but not limited to,
electric, gas and water utilities, power generation or
distribution.
(6) The extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile, flammable,
combustible materials, elements, chemicals or other highly
regulated component.
(7) Dispensing pharmaceuticals.
(8) A position that requires the employee to carry a
firearm.
(9) Direct patient care or direct child care.
* * *
"Under the influence." A drug test pursuant to which it is
determined that an employee or job applicant tests positive for
marijuana at a level of tetrahydrocannabinolic acid in urine
equal to or greater than 15 nanograms per milliliter or fails to
submit to a marijuana test.
Section 2. Section 510 of the act is amended to read:
Section 510. Prohibitions.
The following prohibitions shall apply:
(1) A patient may not operate or be in physical control
of any of the following while under the influence of medical
marijuana with a blood content of more than 10 nanograms of
active tetrahydrocannabis per milliliter of blood in serum:
(i) Chemicals which require a permit issued by the
Federal Government or a state government or an agency of
2022/90JKL/SB0749A03984 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
the Federal Government or a state government.
(ii) High-voltage electricity or any other public
utility.
[(2) A patient may not perform any employment duties at
heights or in confined spaces, including, but not limited to,
mining while under the influence of medical marijuana.
(3) A patient may be prohibited by an employer from
performing any task which the employer deems life-
threatening, to either the employee or any of the employees
of the employer, while under the influence of medical
marijuana. The prohibition shall not be deemed an adverse
employment decision even if the prohibition results in
financial harm for the patient.
(4) A patient may be prohibited by an employer from
performing any duty which could result in a public health or
safety risk while under the influence of medical marijuana.
The prohibition shall not be deemed an adverse employment
decision even if the prohibition results in financial harm
for the patient.]
(5) A patient may not perform any employment duties of a
safety-sensitive position while impaired.
Section 3. Section 2103(b)(3) of the act is amended and the
subsection is amended by adding paragraphs to read:
Section 2103. Protections for patients and caregivers.
* * *
(b) Employment.--
* * *
(3) Nothing in this act shall require an employer to
commit any act that would put the employer or any person
acting on its behalf in violation of Federal or State law.
(4) An employer or entity that provides employment
services or information may indicate that a job position's
application process or the job requires a marijuana test.
(5) An employee or job applicant that tests positive for
marijuana may disclose and produce a valid identification
card as provided under this act to the employer as
documentation for testing positive or lawfully being under
the influence of medical marijuana.
(6) An employer may require an employee or job applicant
who has received a conditional offer of employment for a
safety-sensitive position to submit to a test for marijuana.
An employer may make an adverse employment decision against
a n employee or job applicant, and not be in violation of
paragraph (1), if an employee or job applicant:
(i) Provided an adulterated or substituted testing
sample or has refused to submit to a marijuana test
required by an employer.
(ii) Fails to disclose and produce a valid
identification card as provided under this act .
(iii) Discloses and produces a valid identification
card, and is impaired, if the employee's position is a
2022/90JKL/SB0749A03984 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
safety-sensitive positio n.
(7) Nothing in this act shall be construed to create or
imply a cause of action for an employee or job applicant for
a safety-sensitive position based on an employer's good faith
belief that the employee or job applicant violated the
employer's lawful workplace drug policy, as follows:
(i) Any claim that arises following an employee's or
job applicant's noncompliance with this section and which
may have been prevented had the employee or job applicant
complied.
(ii) Actions taken pursuant to an employer's lawful
workplace drug policy, including subjecting an employee
or job applicant to a marijuana test.
(iii) Actions based on the employer's good faith
belief that an employee used or possessed medical
marijuana in the employer's workplace or while performing
the employee's essential functions of a safety-sensitive
position.
(iv) Any claim that arises as a result of an
employee's impairment while at the employer's workplace.
(8) Nothing in this section shall be construed to
invalidate or void any rights, benefits or procedures
afforded to an employee pursuant to an existing collective
bargaining agreement.
Section 4. This act shall take effect in 60 days.
2022/90JKL/SB0749A03984 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25