Skip to the main content.
New! Continuous MVR monitoring
Driving record monitoring

Ongoing monitoring of driving records can help employers avoid risk and improve driver safety. Learn about the benefits of adding Verified Credentials' newest solution to your screening strategy.

Read the blog ›

Featured resource

Industry-Trends-Report-01

Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.

Download the full report ›

Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.

Get to know us ›

Accredited background screening solutions

Logo-PBSA-Accreditation-120x98

Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.

Learn about our solutions ›

2 min read

Pittsburgh Limits Employer Drug Testing for Medical Marijuana Patients

The Pittsburgh City Council passed an ordinance that significantly limits circumstances in which employers are permitted to administer pre-employment drug testing for medical marijuana patients. Notably, Pennsylvania has had protections set in place for medical marijuana patients under Chapter 21 of Act 16 since 2016. Still, the previous guidelines did not explicitly prohibit testing medical marijuana patients for cannabis use.  

The new measure specifically aims to protect medical marijuana users from workplace discrimination. It limits the circumstances under which employers are permitted to conduct cannabis drug tests, aligning employee rights with legalized medical marijuana use in Pittsburgh.

 

Quick summary of the ordinance

Mayor Ed Gainey signed the ordinance on September 24, 2024, after it was unanimously passed by the Pittsburgh City Council, putting it into effect immediately. The ordinance prohibits requiring pre-employment cannabis testing or testing during employment for medical marijuana patients. The ordinance applies to most employers, employment agencies, and labor organizations with five or more employees. 

The full details of the Pittsburgh Medical Marijuana Employment Protection Ordinance are available in the City Council meeting notes here.

 

Room for employer action

Under the new ordinance, employers are generally restricted from requiring pre-employment cannabis testing or testing during employment as a condition of continued or prospective employment. However, there are notable exceptions: 

  • Regulatory compliance: Positions subject to drug testing regulations by the U.S. Department of Transportation or Pennsylvania Department of Transportation. 
  • Firearm requirements: Positions that require the employee to carry a firearm. 
  • Collective bargaining agreements: Employers part of a valid collective bargaining agreement addressing pre-employment drug testing. 

The new ordinance does not alter the definition of “employer,” which excludes further excludes certain religious, fraternal, charitable, and sectarian organizations. 

In addition, the 2024 ordinance also allows disciplinary action and testing medical marijuana patients in certain situations, including: 

  • Reasonable cause: Employers may conduct drug testing if there is reasonable cause to suspect an employee is under the influence of a drug while at work or after a workplace accident. 
  • Disciplinary actions: Employers can take disciplinary action against a medical marijuana patient if their conduct falls below the standard of care normally accepted for their position while under the influence in the workplace. 

The ordinance also notably allows room for employer rights to test for the suspected use of other illegal narcotics on the job and does not require businesses to permit the use of medical marijuana during work hours or on the premises. 

 

The bigger picture

Limiting cannabis testing for certain roles is a significant development for the City of Pittsburgh. The ordinance aligns the city with Pennsylvania state law, which permits medical marijuana use outside of work with boundaries for employer action. 

Employers hiring or operating in Pittsburgh should consult their legal counsel to determine whether this ordinance applies to them. Additionally, limitations on employer drug testing in Pittsburgh is just one moving part of a nationwide movement to align with changing cannabis use laws. Employers in areas with legalized medical or recreational cannabis use may want to keep an eye on current laws and upcoming changes to employee protection laws as the landscape evolves.

2025 Updates to Form I-9 and E-Verify

On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) made adjustments to Form I-9. These revisions were made to ensure the form...

Read More

What Employers Need to Know About Spokane, Washington's "Ban the Address” Ordinance

On April 25, 2025, Mayor Lisa Brown of Spokane, Washington, signed Ordinance No. C36666, also known as the "Ban the Address" law. While "Ban the Box"...

Read More

Virginia Puts Additional Restrictions on Consumer Health Data

Throughout this year, we have covered several state laws and updates implemented to protect consumer data privacy in New Jersey, Delaware, New...

Read More

U.S. House of Representatives Passes FCRA-Amending Bill: The Comprehensive CREDIT Act of 2020

On January 29, 2020, the United States House of Representatives passed the “Comprehensive Credit Reporting Enhancement, Disclosure, Innovation, and...

Read More

DHS Ends Form I-9 Requirement Flexibility

U.S. Immigration and Customs Enforcement (“ICE”), an agency under the Department of Homeland Security (“DHS”), recently announced that employers must...

Read More

Delays in Kansas County Criminal History Searches

Due to a security incident in October 2023, the Kansas judicial branch has temporarily shut down its electronic information systems. Public...

Read More