What Pa. Employment Suit Means For Medical Cannabis Users

Law360 (January 14, 2020, 6:23 PM EST) -- Pennsylvania has become the latest state to allow a medical cannabis patient to proceed with an unlawful termination claim based on off-site medical cannabis use. A Pennsylvania trial court recently held, in a matter of first impression, that Pennsylvania’s Medical Marijuana Act[1] creates an implied private right of action against an employer by an employee who is terminated for off-site use of medical cannabis.

The case, Palmiter v. Commonwealth Health Systems Inc. et al.[2] in the Lackawanna County Court of Common Pleas, serves as the latest example in the growing number of court decisions around the country permitting employee claims for alleged adverse employment actions based...

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