Successful defense of employer alleged to have violated the Pennsylvania Medical Marijuana Act.

The plaintiff sought employment as a fork lift operator in a manufacturing facility. He was extended a conditional offer of employment, contingent on passing a pre-employment drug test. His drug test showed a positive indication for the presence of marijuana, and his offer was rescinded. The plaintiff claimed that he notified the facility that he held a valid Medical Marijuana Identification Card, yet our client still rescinded its offer in violation of the Pennsylvania Medical Marijuana Act. The Act prohibits an employer from refusing to hire a person solely on the basis of that person’s status as a certified medical marijuana user. In response to the complaint, we filed preliminary objections arguing that the employment offer was expressly contingent upon passing a drug test. We also argued that fork lift operation is, by its very nature, an inherently dangerous job that, if done carelessly or under the influence of a narcotic, could result in injury or death to the plaintiff or others on the premises. The court held that the Medical Marijuana Act’s provisions do not require an employer to hire a medical marijuana user as a forklift operator and taking on a substantial risk of liability for injury to persons. Additionally, the court found that a medical marijuana user does not have a right to be hired by a prospective employer who, prior to such hiring, determines that the position for which the prospective employee would be hired would require his or her performance of tasks an employer deems life-threatening to the employee or any of its employees. The demurer was sustained, and the complaint was dismissed.