SB 749 — An Act amending the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, in preliminary provisions, further providing for definitions; in patients, further providing for prohibitions; and, in miscellaneous provisions, further providing for protections for patients and caregivers.

PRIOR PRINTER'S NO.

893 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2021 No.

INTRODUCED1584 BYTHE MENSCH,GENERAL ARGALL,ASSEMBLY BARTOLOTTA,OF MARTIN,PENNSYLVANIA PITTMAN,SENATE STEFANO,BILL J.Session of No.

749 2021 INTRODUCED BY MENSCH, ARGALL, BARTOLOTTA, MARTIN, PITTMAN, STEFANO, J.

WARD, YAW AND YUDICHAK, JUNE 14, 2021 REFERREDSENATOR TOBROOKS, HEALTH AND HUMAN SERVICES, JUNEAS 14,AMENDED, 2021APRIL 12, 2022 AN ACT AmendingAmeact the act of April 17, 2016 (P.L.84, No.16), entitled "An act establishing a medical marijuana program;

providing forforAn <-- patient and caregiver certification and for medical marijuana organization registration;

and providing for academic clinical research centers and for penalties and enforcement," in preliminary provisions, further providing for definitions;

AMENDING THE ACT OF APRIL 17, 2016 (P.L.84, NO.16), ENTITLED "AN <-- ACT ESTABLISHING A MEDICAL MARIJUANA PROGRAM;

PROVIDING FOR PATIENT AND CAREGIVER CERTIFICATION AND FOR MEDICAL MARIJUANA ORGANIZATION REGISTRATION;

IMPOSING DUTIES ON THE DEPARTMENT OF HEALTH;

PROVIDING FOR A TAX ON MEDICAL MARIJUANA ORGANIZATION GROSS RECEIPTS;

ESTABLISHING THE MEDICAL MARIJUANA PROGRAM FUND;

ESTABLISHING THE MEDICAL MARIJUANA ADVISORY BOARD;

ESTABLISHING A MEDICAL MARIJUANA RESEARCH PROGRAM;

IMPOSING DUTIES ON THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN SERVICES;

AND PROVIDING FOR ACADEMIC CLINICAL RESEARCH CENTERS AND FOR PENALTIES AND ENFORCEMENT," IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS;

IN PATIENTS, PROVISIONS, FURTHER PROVIDING FOR PROTECTIONS FOR PATIENTS AND CAREGIVERS.

Section 103 of the act of April 17, 2016 (P.L.84, <-- No.16), known as the Medical Marijuana Act, is amended by adding definitions to read:

(6) The extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, 20210SB0749PN1584 - 2 - treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or other highly regulated component.

* * * 20210SB0749PN0893 - 2 - "Under the influence." One or more of the following:

20210SB0749PN1584 - 3 - (i) Chemicals which require a permit issued by the Federal Government or a state government or an agency of the Federal Government or a state government.

20210SB0749PN0893 - 3 - (3) A patient may be prohibited by an employer from performing any task which the employer deems life- threatening, to either the employee or any of the employees of the employer, while under the influence of medical marijuana.

Section 2103(b)(2) and (3) of the act are amended 20210SB0749PN1584 - 4 - and subsection (b) is amended by adding paragraphs to read:

[This act 20210SB0749PN0893 - 4 - shall in no way limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position.] (3) Nothing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of Federal or State law.

(6) An employer may require an employee or job applicant who has received a conditional employment offer to disclose and produce a valid identification card if the employee's position, or the position for which the job applicant is 20210SB0749PN1584 - 5 - applying, is a safety-sensitive position.

(7) An employer may make an adverse employment decision against an employee or job applicant who discloses and produces a valid identification card, or who uses medical 20210SB0749PN0893 - 5 - marijuana, if the employee's position, or the position for which the job applicant is applying, is a safety-sensitive position, and the employer shall not be in violation of paragraph (1).

(11) An employer shall be granted relief from charges if a former employee is granted unemployment compensation 20210SB0749PN1584 - 6 - benefits because the employer could not accommodate the employee's lawful use of medical marijuana.

2, P.L.2897, No.1), known as the Unemployment Compensation Law, it shall constitute conclusive evidence of willful misconduct if an employee's separation from employment was caused by medical marijuana use that violated a lawful workplace policy or refusal to submit to a drug test 20210SB0749PN0893 - 6 - under this section.

(iv) Actions, including discipline or termination of employment based on the employer's good faith belief that an employee was impaired as a result of the use of 20210SB0749PN1584 - 7 - medical marijuana, under the influence of medical marijuana while at the employer's workplace, under the influence while performing the employee's job duties or under the influence while on call in violation of the employer's lawful workplace drug policy.

(14) If an employer makes an adverse employment decision against an employee or job applicant under this act, the adverse employment decision may not be challenged under any 20210SB0749PN0893 - 7 - other State or local law.

20210SB0749PN0893SECTION -1. 8 -

SECTION 103 OF THE ACT OF APRIL 17, 2016 (P.L.84, <-- NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT, IS AMENDED BY ADDING DEFINITIONS TO READ:

SECTION 103.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

* * * "ESSENTIAL FUNCTIONS." THE FUNDAMENTAL, NOT MARGINAL, DUTIES OF A POSITION.

* * * "IMPAIRMENT." AS FOLLOWS:

(1) SYMPTOMS OF BEING UNDER THE INFLUENCE OF MARIJUANA 20210SB0749PN1584 - 8 - THAT MAY DECREASE OR LESSEN AN EMPLOYEE'S PERFORMANCE OF ESSENTIAL DUTIES OR TASKS THAT AN EMPLOYER, IN GOOD FAITH, BELIEVES WILL RESULT IN CARELESSNESS, NEGLIGENCE OR DISREGARD FOR THE SAFETY OF THEMSELVES OR OTHERS AND DISRUPT BUSINESS OPERATIONS.

(2) OBSERVABLE SYMPTOMS OF IMPAIRMENT FROM MEDICAL MARIJUANA MAY INCLUDE, BUT ARE NOT LIMITED TO, THE EMPLOYEE'S SPEECH, MOBILITY, PHYSICAL DEXTERITY, AGILITY, COORDINATION, DEMEANOR, APPEARANCE, ODOR OR IRRATIONAL OR UNUSUAL BEHAVIOR.

* * * "SAFETY-SENSITIVE POSITION." A POSITION THAT REQUIRES ANY ACTIVITY THAT AN EMPLOYER REASONABLY BELIEVES PRESENTS A POTENTIAL RISK OF HARM TO THE HEALTH OR SAFETY OF AN EMPLOYEE OR OTHERS WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA, INCLUDING, BUT NOT LIMITED TO: