New Pittsburgh Ordinance Expands Medical Cannabis Drug Testing Protections

Pittsburgh is one of my favorite cities. It's SixBurgh, the land of Primanti's, and a place I’ll always feel connected to as a proud Pitt alum. So, when I heard that the Pittsburgh City Council had moved to protect medical cannabis users in the workplace, I had to dive in.

On Sept. 24, 2024, the City Council passed an ordinance making it illegal for employers, employment agencies, and labor organizations with 5 or more employees to discriminate against medical cannabis patients. Mayor Ed Gainey wasted no time and signed it the same day, putting the law into action immediately.

So, what does this new rule mean? First, if you hold a valid Pennsylvania medical cannabis card, your employer can’t demand a pre-employment drug test for cannabis. That's a big shift from what we've seen in other places. Unlike New Jersey, where you can still be tested but there are limits on how your employer can respond to a positive result, Pittsburgh’s law targets the test itself. No test, no issue—at least at the hiring stage—unless your job falls into one of the exceptions. Carve-outs such as safety-sensitive roles, like those regulated by the Department of Transportation or jobs involving firearms, are exempt. If your work involves chemicals requiring government permits or public utilities, you’re not off the hook either. But compared to the Pennsylvania Medical Cannabis Act, these exceptions are limited.

The ordinance defines a medical cannabis patient as someone who qualifies under Pennsylvania law, meaning you’re protected only if you're part of the state’s medical cannabis program. If you’re not in the program, or if you’re using hemp, this law doesn't apply to you.

Employers might face some hurdles here. Since they won’t know if someone has a medical cannabis card unless the prospective employee volunteers the information, navigating pre-hire testing becomes tricky. Usually, employers can’t ask about your health before making a job offer, so how they handle this could get interesting.

And there’s more: the ordinance doesn’t stop at pre-hire testing. During employment, cannabis testing can happen, but only if there’s suspicion of impairment.

State law also lets employers take action if a worker is under the influence of medical cannabis on the job—especially when safety is on the line. If a test shows more than 10 nanograms of THC per milliliter in your blood, you’re considered "under the influence" under state law, and your employer can respond accordingly. Tests can be conducted using saliva, blood, or urine. The ordinance mirrors state law, meaning any action taken must be consistent with those rules.

Pittsburgh employers need to adjust quickly. It’s time to rethink drug testing policies, particularly before hiring. Employers should make sure they’ve got a system in place to handle medical cannabis cardholders after a job offer. They’ll also need to review whether any positions qualify for exceptions under this new ordinance.

Ultimately, this law marks a significant step forward in employment protections for medical cannabis users, but the details will take some navigating—for both workers and employers.

For information about national and state cannabis law matters and regulatory compliance, please contact our Cannabis Law Practice Group attorneys: William J. Beneduce, Esquire (wjbeneduce@norris-law.com) for New Jersey Cannabis matters or contact our offices at (908)722-0700.