Pittsburgh bans employers from testing most medical marijuana card holders

If you smoke pot, have a medical marijuana card and work in Pittsburgh, your boss can no longer test you for cannabis in most cases.

City Council on Tuesday unanimously voted to ban employers from testing most workers or prospective employees with state-issued medical marijuana cards.

The rule includes several exceptions, including an exemption for labor unions that was added to the bill last week, despite objections from the measure’s sponsor, Councilwoman Barb Warwick, D-Greenfield.

Warwick in July proposed the ban. Her measure allows employers to still conduct drug tests on anyone — including medical card holders — after an accident or in cases where someone is suspected of using cannabis while working.

Jobs that require employees to carry a gun and jobs where federal or state agencies require marijuana testing are exempt from the legislation.

The measure makes medical marijuana card holders a protected class in the city and bars workplace discrimination against them.

It does not, however, require employers to permit their workers to use cannabis while on the job.

The controversial carve-out for people working under a collective bargaining agreement that addresses pre-employment drug testing was added after pushback from labor leaders who voiced concerns about whether cutting out marijuana testing for card holders could cause safety issues.

Workers who believe their employers are discriminating against them because they have medical marijuana cards will be able to file complaints through the city’s Commission on Human Relations.

“Gainful employment should be accessible to everyone regardless of the type of medical treatment they receive,” Commission Executive Director Rachel Shepherd said in a statement, adding that a person’s use of medical marijuana does not mean they’ll be a risk on the job.

“Taking a prescribed medication for a qualifying disability should not diminish trust in a person’s ability to be a reliable and productive employee, nor should it affect their ability to be considered in the hiring process.”

Warwick on Tuesday said she was glad to see the measure pass but disappointed that it won’t apply to construction workers and others whose union agreements cover drug testing.

“I believe that our construction workers deserve those same protections,” she said. “It’s unfortunate they won’t be getting them today.”

The rule will take effect as soon as Mayor Ed Gainey signs off on it.

Councilwoman Theresa Kail-Smith, D-West End, was not present for the vote.