PA federal, state courts agree Medical Marijuana Act allows for private claims

Individuals may file private discrimination claims under Pennsylvania's Medical Marijuana Act (MMA), the U.S. District Court for the Eastern District of Pennsylvania recently decided. The September 20, 2020, ruling joins a previous state court decision coming from Lackawanna County, practically settling the issue for employers until any appeals court takes it up.

Facts

Donna Hudnell began working for Thomas Jefferson University Hospital in 2016 and experiencing significant back pain in 2018. A doctor associated with the hospital certified her to use medical marijuana, which she began using to ease her pain. After the pain increased, she took a leave of absence in 2019 to undergo surgery.

When Hudnell returned, she was required to take a drug test because she had been out of work for more than 90 days. At the time of the test, her marijuana authorization card had expired, but she alleges she told the nurse administering the test she had a recertification appointment scheduled for the next week.

Hudnell failed the test, but afterward her doctor quickly recertified her to use medical marijuana. Nevertheless, the hospital fired her based on the failed drug test and claimed the recertification had no effect on its decision because she didn't have a valid card at the time she took the test.

In discussions that followed, Hudnell insisted she legally purchased and used medical marijuana only while her card was active and that her legal use triggered the positive test.

Court's holding