With the legalization of cannabis, employers are presented with new challenges about what they can do, must do and should do as it relates to their employees. The challenge is made more complicated by legal standards and rules that vary widely state-by-state and, in many cases, impose different standards for medical cannabis use than for recreational use.

What Pennsylvania Employers Can and Cannot Do

With all of the buzz about new recreational, or adult-use, cannabis laws in the Northeast, Pennsylvania employers are not legally required to accommodate nonmedical cannabis use, even if the employee’s use is legal under state law. This means that New Jersey and New York residents who can use cannabis for nonmedical purposes can face discipline if they are employed pursuant to Pennsylvania law. Likewise, Pennsylvania employees have no cannabis protections outside of authorized medical use.