Anyone who believes they have been discriminated against in the City of Pittsburgh can contact the Commission on Human Relations to open an investigation. You can submit an inquiry at https://pghchr.creatio.com, or reach out at 412-255-2600 or human.relations@pittsburghpa.gov for more information.
This ordinance makes medical marijuana cardholders a protected class in the City of Pittsburgh. This makes it illegal to discriminate in hiring prospective employees who are medical marijuana cardholders or to discriminate against existing employees who are medical marijuana cardholders.
Harassment by other employees
Disparate treatment, including terms, conditions and benefits of employment, discipline, termination
excludes positions in which employees are required to carry a firearm
excludes positions which are subject to drug testing due to US Department of Transportation or PennDOT rules
employers are not required to allow use of medical marijuana on the premises of the workplace, even on breaks
excludes for-cause drug testing performed when supervisors have reasonable cause to suspect an employee of being under the influence of a drug while at work
excludes drug testing performed after a workplace accident
allows an employer to prohibit an employee from performing tasks which present a risk of life-threatening harm if performed within six hours of consuming medical marijuana
does not apply to applicants for positions under a collective bargaining agreement which addresses the pre-employment drug testing of those applicants
In 2016, the Pennsylvania General Assembly passed the Pennsylvania Medical Marijuana Act (PMMA), legalizing the use of medical marijuana in the state. It does not include specifications on discriminatory drug testing, but it includes some provisions which are also included in this local ordinance. These specifications include:
Prohibition of certain employment activities/tasks within six hours of consuming medical marijuana with a blood content of >10 nanograms of THC per milliliter of blood in serum
Circumstances under which employer may take disciplinary action against an employee with medical marijuana patient status; and
Not requiring employers to commit any acts that would put the employer or any person acting on its behalf in violation of state or federal law
To be issued a medical marijuana card, follow these steps:
Register by creating a profile in the Medical Marijuana Registry. You must have a valid Pennsylvania driver’s license or ID card issued by the Pennsylvania Department of Transportation.
Once you register, you must have an approved physician certify that you suffer from a qualifying medical condition. You can find an approved physician here, and a list of qualifying medical conditions can also be found here.
Once you are certified by an approved physician, the next step is to return to the Medical Marijuana registry and complete your application for a medical marijuana ID card. The card costs $50, and patients who participate in assistance programs including Medicaid, PACE/PACENET, CHIP, SNAP, and WIC may be eligible for a free card.
To find more information on obtaining a medical marijuana card, designating caregivers, and renewing cards, go to https://www.pa.gov/guides/pennsylvania-medical-marijuana-program/#HowtoGetMedicalMarijuana.
If the testing is at the time of hire, simply inform the employer that you are a medical marijuana patient and therefore your test will be positive. You may be required to show your current and active medical marijuana card. The employer is permitted to test potential employees for other substances.
If you are a current employee, the employer may test after a workplace accident or with reasonable suspicion of use of the medical marijuana while on the clock/job site. If your employer was not previously aware that you are a medical marijuana cardholder, you should inform them and provide a copy of your current and active medical marijuana card.
last updated: 22/04/2025