Lancaster County Judge Addresses Definition of “Under the Influence” for Purposes of the Safety Exception in the PA Medical Marijuana Act
March 8, 2023
On January 10, 2023, Lancaster County Court of Common Pleas Judge Jeffrey Wright addressed the question that has been plaguing employers since the passage of the PA Medical Marijuana Act (the “Act”) – what constitutes being “under the influence” for purposes of the Act’s safety exception? As a reminder, when the Act was passed, the legislature included a broad safety exception within Sections 510(3) & (4) of the Act, which provides:
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.
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.
However, ‘under the influence’ was not defined for purposes of these provisions.