A Pennsylvania federal court rejected federal preemption as a defense to terminating a medical marijuana cardholder, holding that Pennsylvania's state protections survive despite federal prohibition and that zero-tolerance policies inadequately address actual job duties and impairment. For employers nationwide with medical marijuana employees, particularly in states with protective laws, blanket termination policies are increasingly vulnerable to legal challenge. The federal reclassification of marijuana to Schedule III in April 2026 further weakens preemption defenses, making urgent review of categorical drug policies essential.
Read the full article at The Employer Handbook Blog
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