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PA Courts Issue Several Decisions Clarifying Employee Rights for Medical Cannabis Patients | Saul Ewing Arnstein & Lehr LLP


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Over the past month, Pennsylvania courts have issued a series of decisions clarifying employee rights for medical cannabis patients one related to unemployment compensation and others related to private rights of action under its medical cannabis statute. Most recently, in
Pittsburgh Water and Sewer Authority v. Unemployment Compensation Board of Review, the Pennsylvania Commonwealth Court affirmed a decision by the Unemployment Compensation (“UC”) Board of Review finding that Terrance Suber, a former employee, was entitled to UC benefits following his termination in 2019 for a positive drug test. At the time of the test, Suber was lawfully using medical marijuana pursuant to the state’s Medical Marijuana Act ( MMA ). Additionally, both Pennsylvania state and federal courts have issued decisions regarding what type of claims a medical cannabis patient can assert, and under which statute those claims can be ....

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