A new city law bars many employers from testing job applicants for cannabis use, but there are several exemptions to the ordinance.
If you’re looking for a job in Philadelphia, you may no longer need to pass a drug test for marijuana. A new city law bars many employers from testing job applicants for cannabis use. It took effect Jan. 1.
But there are several exemptions to the ordinance and questions about enforcement. If you’re a job applicant or hiring manager, here’s what you need to know about the city’s ban on pre-hire marijuana testing.
Why did the city pass this law?
Medical marijuana is legal in Pennsylvania, but some people who are prescribed cannabis have a hard time landing jobs because of drug screenings. City Councilmember Derek Green introduced the bill after specifically learning of people with autism spectrum disorder who struggled to find work due to their medical marijuana use.
“It just seemed to be contradictory that the Commonwealth of Pennsylvania is allowing this product to be used for individuals to help improve their quality of life,” said Green, a Democrat.
“But then that’s also restricting their ability to improve their life by getting gainful employment.”
Can my current employer still test me for marijuana use?
Yes. The ordinance applies only to pre-employment drug screenings. The law does not require employers to change their existing workplace drug policies, so your current employer can still test you for cannabis use.
“What this says is they can’t ask you to perform a drug test, which is a huge look at your health and at your bodily fluids, just to apply for a job,” said Chris Goldstein, regional organizer for the National Organization for the Reform of Marijuana Laws.
Can employers still test me for other drugs?
Yes. The law applies only to marijuana testing, so you may still need to take a drug test for other substances before you’re hired.
Are any employees or employers exempt from the law?
Yes. If you work in law enforcement, need a commercial driver’s license, or supervise children, medical patients, people with disabilities, or other vulnerable populations, an employer can still test you for marijuana use as a condition of employment.
There’s also a broader category of “any position in which the employee could significantly impact the health or safety of other employees or members of the public.” A city agency would determine whether a job meets that criteria, according to the ordinance.
“There very likely may be some positions where an employer is going to say, ‘I think this deals with public health and safety, I want to screen my employees,’ and an employee is going to…
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