Pennsylvania.

Information provided is current as of December 20, 2025, and companies are encouraged to consult with legal counsel on these types of complex matters.

Pennsylvania - State Specific Information

Current Cannabis Legal Status in Pennsylvania

Pennsylvania's approach to cannabis regulation reflects a carefully balanced framework that prioritizes medical access while maintaining restrictions on recreational use.

Medical Cannabis

Since the passage of the Medical Marijuana Act in 2016, qualified patients with specific medical conditions can legally obtain and use medical cannabis. Key provisions include:

• Patients must possess a valid medical cannabis card
• All medical cannabis must be purchased from state-licensed dispensaries
• Specific possession limits apply based on individual prescriptions
• Home cultivation is not permitted, even for registered patients

Recreational Cannabis

Recreational marijuana use remains illegal in Pennsylvania as of December 2025. However, CBD products containing less than 0.3% THC are legal for all adults to purchase and use.

Employment Protections Under the Medical Marijuana Act

One of the most significant aspects of Pennsylvania's cannabis laws involves workplace protections for medical marijuana patients. The MMA establishes clear boundaries for how employers can—and cannot—treat certified patients.

Protection from Adverse Employment Actions

The Medical Marijuana Act explicitly protects certified patients from adverse employment actions based solely on:

• Their status as a registered medical marijuana patient
• A positive THC test result in non-safety-sensitive roles

This means employers cannot automatically terminate or refuse to hire someone simply because they hold a medical cannabis card or test positive for THC, provided they work in a standard position.

When Discipline Is Permitted

Employers retain the right to take disciplinary action against employees in standard (non-safety-sensitive) roles only when there is documented evidence of active workplace impairment. This distinction is crucial—a positive drug test alone is insufficient grounds for discipline in most positions.

Establishing robust documentation is a key risk mitigant for employers in states like Pennsylvania.

Safety-Sensitive Position Regulations

Pennsylvania law creates a significant carve-out for safety-sensitive positions, allowing employers greater latitude in restricting medical cannabis patients from certain duties.

Defining Safety-Sensitive Roles

Employers may designate positions as safety-sensitive if they involve tasks that could be considered:

• Life-threatening to the employee or others
• A public health or safety risk

Specific examples of safety-sensitive duties include:

• Working at heights
• Operating in confined spaces
• Handling high-voltage electricity
• Operating heavy machinery
• Any task where impairment could cause serious harm

The 10ng/ml THC Threshold

For employees in safety-sensitive positions, Pennsylvania establishes a specific blood-THC limit of 10ng/ml. Employers can legally exclude medical cannabis patients from performing safety-sensitive duties if testing reveals THC levels exceeding this threshold.

This "good faith" determination by employers does not constitute discrimination under state law, providing legal protection for companies making these safety-based decisions.

Employer Best Practices and Compliance

Safety-Sensitive Designation Forms

While Pennsylvania does not mandate a specific state form for cannabis-related employment matters, legal counsel now strongly recommends implementing a Safety-Sensitive Designation Form for all Pennsylvania-based roles. This documentation serves to:

• Clearly identify which positions carry the 10ng/ml blood-THC limit
• Establish transparent expectations for employees
• Provide legal protection for employers making safety-based decisions
• Create a consistent framework across the organization

Drug Testing Requirements

Employers conducting drug testing in Pennsylvania must adhere to specific protocols:

1. Obtain written consent from employees before conducting any drug test
2. Maintain strict confidentiality of all test results
3. Limit disclosure to individuals directly involved in employment decisions or human resources personnel

Violating these privacy requirements can expose employers to legal liability, making proper documentation and information handling essential.

State Regulatory Oversight

The Pennsylvania Medical Marijuana Program serves as the state regulatory agency overseeing all aspects of medical cannabis in the Commonwealth. This includes:

• Patient and caregiver registration
• Dispensary licensing and oversight
• Compliance monitoring
• Program administration

Employers with questions about specific compliance requirements should consult the program's official resources or seek guidance from qualified legal counsel.

Practical Recommendations for Employers

Given the complexity of Pennsylvania's cannabis employment laws, employers should consider implementing the following measures:

Policy Development

• Create clear, written policies distinguishing between safety-sensitive and standard positions
• Document the criteria used to designate safety-sensitive roles
• Establish procedures for handling positive THC tests in different position types
• Train supervisors on recognizing and documenting workplace impairment

Documentation Practices

• Maintain detailed records of safety-sensitive designations
• Document any observations of potential workplace impairment
• Keep drug testing consent forms and results secure and confidential
• Record all employment decisions related to cannabis use with supporting rationale

Legal Consultation

The evolving nature of cannabis employment law makes ongoing legal consultation advisable. Companies are encouraged to work with qualified legal counsel to ensure their policies remain compliant with current regulations.

Looking Ahead

As cannabis laws continue to evolve across the United States, Pennsylvania employers must stay informed about potential changes that could affect workplace policies. While recreational legalization has not occurred as of December 2025, legislative proposals continue to surface, and any changes would likely impact employment practices significantly.

Maintaining flexible, well-documented policies and staying current with regulatory updates will help organizations navigate this complex landscape while protecting both employee rights and workplace safety.