A Pennsylvania state appeals court in a case of first impression has ruled that the state's law legalizing and regulating medical marijuana allows workers and job applicants to sue employers for discrimination, squaring with decisions from judges in several other states.
that while the 2016 Medical Marijuana Act does not expressly create a private right of action, one was implied because the law did not grant any state agency the power to enforce its anti-discrimination provisions.
The hospital, which is operated by Scranton Quincy Clinic Company LLC, and its lawyers at Post & Schell and FisherBroyles did not immediately respond to requests for comment. Nor did Cynthia Pollick of The Employment Law Firm, who represents Palmiter. She sued Scranton Quincy in 2019, accusing the company of discrimination in violation of Pennsylvania's medical marijuana law, breach of contract, invasion of privacy and wrongful dischrage.
A state judge last year disagreed, finding that while the MMA authorized the health department to regulate the medical marijuana business and the issuance of certificates to patients, the anti-discrimination provision did not contain any language about enforcement.
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