The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action. See Scranton Quincy Clinic Company, LLC, et al. v. Pamela Palmiter, Case No. 498 MDA 2020 (Pa. Super. Ct. Aug. 5, 2021). As we previously discussed in our summary of the trial court’s decision, the MMA expressly prohibits employers from discharging, or otherwise discriminating or retaliating against an employee solely on the basis of the employee’s status as an individual who is certified to use medical marijuana. However, it does not create an express private right of action.
The Court determined that the General Assembly “proclaimed a public policy” prohibiting employers from discriminating against medical marijuana users.
Click here to read the full article in Jackson Lewis P.C.’s Drug and Alcohol Testing Law Advisor blog.