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§ 10231.2103. Protections for patients and caregivers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: May 17, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 64. Medical Marijuana Act (Refs & Annos)
Chapter 21. Miscellaneous Provisions
Effective: May 17, 2016
35 P.S. § 10231.2103
§ 10231.2103. Protections for patients and caregivers
Currentness
(a) Licensure.--None of the following shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a Commonwealth licensing board or commission, solely for lawful use of medical marijuana or manufacture or sale or dispensing of medical marijuana, or for any other action taken in accordance with this act:
(1) A patient.
(2) A caregiver.
(3) A practitioner.
(4) A medical marijuana organization.
(5) A health care medical marijuana organization or university participating in a research study under Chapter 19.1
(6) A clinical registrant or academic clinical research center under Chapter 20.2
(7) An employee, principal or financial backer of a medical marijuana organization.
(8) An employee of a health care medical marijuana organization or an employee of a university participating in a research study under Chapter 19.
(9) An employee of a clinical registrant or an employee of an academic clinical research center under Chapter 20.
(10) A pharmacist, physician assistant or certified registered nurse practitioner under section 801(b).3
(b) Employment.--
(1) No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee's compensation, terms, conditions, location or privileges solely on the basis of such employee's status as an individual who is certified to use medical marijuana.
(2) Nothing in this act shall require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. This act shall in no way limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position.
(3) Nothing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of Federal law.
(c) Custody determination.--The fact that an individual is certified to use medical marijuana and acting in accordance with this act shall not by itself be considered by a court in a custody proceeding. In determining the best interest of a child with respect to custody, the provisions of 23 Pa.C.S. Ch. 53 (relating to child custody) shall apply.

Credits

2016, April 17, P.L. 84, No. 16, § 2103, effective in 30 days [May 17, 2016].

Footnotes

1
35 P.S. § 10231.1901 et seq.
2
35 P.S. § 10231.2001 et seq.
3
35 P.S. § 10231.801.
35 P.S. § 10231.2103, PA ST 35 P.S. § 10231.2103
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document