Pennsylvania Medical Marijuana User Sues Employer, Drug Testing Laboratory

In March 2021, a former employee filed suit under the Pennsylvania Medical Marijuana Act (MMA) against a global retailer and a drug testing laboratory following his positive drug test for marijuana.

The story began in July 2020 when the plaintiff – a certified/licensed medical marijuana user in Pennsylvania – tested positive for marijuana. As alleged in the complaint, the plaintiff informed his supervisor and assistant supervisors that he had a license for medical marijuana. When he applied for a full-time position, he submitted to a drug test which was administered by the drug testing laboratory on the employer’s premises. The plaintiff claims he informed representatives for the employer and drug testing laboratory that he was a licensed medical marijuana user. Shortly thereafter, the plaintiff claims he received a phone call from human resources terminating him for a positive drug test for marijuana.

As a result of these alleged actions, the plaintiff claims the employer and drug testing laboratory violated the MMA. The plaintiff also claims the employer breached a verbal contract by holding itself out as permitting employment of medical marijuana users and that the drug testing company breached a verbal or written contract to conduct a “thorough, fair, and impartial drug test.” Other allegations include privacy violations and civil conspiracy.

Both defendants have filed a motion to dismiss. There is a telephone hearing on April 26 to consider the pending motion.