Happier New Year in Philadelphia – City Bans Marijuana Testing.
Philadelphia’s ban on pre-employment marijuana testing took effect January 1, 2022. The ordinance prohibits pre-employment marijuana testing as a condition of employment. Big exhale for a lot of job seekers out there.
Employers and employees should know, however, that the law does not make for-cause testing during employment illegal, such as when an employee is involved in an accident at work. Moreover, employers may discipline employees for being under the influence of marijuana at work or possessing it at work.
Substantial exceptions to the law apply, including for law enforcement, positions requiring a commercial driver’s license, or positions requiring the supervision or care of children, medical patients, the disabled or otherwise vulnerable individuals. In addition, the Philadelphia ordinance does not apply if federal or state law, or an enforcement agency, requires such pre-employment testing.