The Philadelphia City Council approved a new bill 15-1 that makes it illegal for many employers to drug test for cannabis pre-employment. The bill makes it illegal “to require a prospective employee to submit to testing for the presence of marijuana.”

This bill comes shortly after Derek Green (D) discussed employment with people diagnosed on the autism spectrum disorder. Pennsylvania legalized medical cannabis back in 2016. Many on the autism spectrum now take medical cannabis. It’s said to help reduce outbursts and control symptoms more. Because of this, many couldn’t keep a job for long or were denied employment after a drug test came back positive for cannabis. 

“We’re using pre-employment testing for a product that is being recommended by physicians, for individuals within the city of Philadelphia, that’s authorized for them to be used,” Derek Green said. He has been a vocal advocate for people with autism. “That seems very contradictory.”

Exceptions

As with every bill, there are always exceptions to the rule, including positions that will still receive a drug test pre-employment. It’s for “any position in which the employee could significantly impact the health or safety of other employees or members of the public.” These include healthcare professionals, law enforcement, and commercial license drivers. So it’s not a blanket ban for cannabis drug testing. Just for a majority of jobs. 

On the state level, there is currently a push for the legalization of recreational cannabis. There’s also a push for expanding the decriminalization efforts that are currently in place. Currently there are no bills on legalization in the state’s Congress. But the Governor has been pushing for it since the beginning of the year. 

Mayor Jim Kenney will hopefully sign the bill soon. This Philadelphia cannabis reform bill will take effect on January 1, 2022. Until then, employers can still test potential employees before hiring them on. 

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