PRINTER'S NO. 1887
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
902
Session of
2021
INTRODUCED BY RABB, N. NELSON, HILL-EVANS, MERSKI, KINSEY,
BENHAM, MALAGARI, BURGOS, McNEILL, SANCHEZ, SCHLOSSBERG,
KENYATTA, CIRESI, SIMS AND OTTEN, JUNE 23, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 23, 2021
AN ACT
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 miscellaneous
provisions, further providing for protections for patients
and caregivers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2103(b) of the act of April 17, 2016
(P.L.84, No.16), known as the Medical Marijuana Act, is amended
and the section is amended by adding a subsection to read:
Section 2103. Protections for patients and caregivers.
* * *
(b) Employment.--
(1) No employer may discharge, threaten, refuse to hire
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or otherwise discriminate or retaliate against an employee
regarding an employee's compensation, terms, conditions,
location or privileges solely on the basis of such employee's
status as an individual who is certified to use medical
marijuana.
(1.1) No employer may discharge, threaten, refuse to
hire or otherwise discriminate or retaliate against an
employee who is certified to use medical marijuana for
testing positive for marijuana on a drug test unless the
employee is applying for a job for which working while under
the influence of medical marijuana creates an unreasonable
safety risk or the employee's conduct falls below the
standard of care normally accepted for that position.
(2) Nothing in this act shall require an employer to
make any accommodation of the use of medical marijuana on the
property or premises of any place of employment. This act
shall in no way limit an employer's ability to discipline an
employee for being under the influence of medical marijuana
in the workplace or for working while under the influence of
medical marijuana when the employee's conduct falls below the
standard of care normally accepted for that position.
(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 law.
(b.1) Civil action.--
(1) A person who alleges a violation of subsection (b)
may bring a civil action in a court of competent jurisdiction
for appropriate injunctive relief or damages, or both, within
180 days after the occurrence of the alleged violation.
(2) It shall be a defense to an action under this
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subsection if the defendant proves by a preponderance of the
evidence that the action by the employer occurred for
separate and legitimate reasons which are not merely
pretextual.
(3) A court, in rendering a judgment in an action
brought under this subsection, may order, as the court
considers appropriate, reinstatement of the employee, payment
of back wages, full reinstatement of fringe benefits and
seniority rights, actual damages or any combination of these
remedies. A court may also award the plaintiff all or a
portion of the costs of litigation, including reasonable
attorney fees and witness fees, if the plaintiff prevails in
the civil action.
* * *
Section 2. This act shall take effect in 60 days.
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