08-08-2025
Pennsylvania's Cannabis Bill Legalizes Use, Not Workplace Protections
Pennsylvania lawmakers are considering a sweeping cannabis reform bill that could significantly alter the state's marijuana landscape, but not necessarily in the way many job seekers and employers might expect.
Introduced in the 2025 legislative session, House Bill 1735 would legalize recreational cannabis for adults 21 and older, regulate its sale, and impose state taxes on its purchase. The bill creates a comprehensive framework for adult-use cannabis under a newly formed Cannabis Control Board, offering business licenses to growers, processors, retailers, transporters, and testing facilities. The proposed legislation also promises social equity support, automatic expungement of certain past offenses, and dual-use licensing opportunities for existing medical marijuana operators.
While these changes would undoubtedly reshape how marijuana is accessed and regulated in Pennsylvania, the bill stops short of transforming the employment landscape, especially when it comes to employee rights and workplace policies. That's where employers and job seekers alike should pay close attention.
The Existing Framework: Act 16 and Medical Cannabis Protections
Since 2016, Pennsylvania has maintained a medical marijuana program under Act 16, allowing individuals with qualifying medical conditions to use cannabis legally with certification from a physician. That law includes limited employment protections for certified medical users. Specifically, Act 16 prohibits employers from taking adverse action solely because someone is a certified medical cannabis patient. However, it does not require accommodation of use at work, nor does it restrict employer drug testing policies or responses to impairment on the job.
Put simply, medical users have a narrow but important set of protections, while employers retain discretion to maintain drug-free workplaces, particularly in safety-sensitive roles or where federal law mandates compliance.
HB 1735: Legalization Without Expanded Employment Rights
HB 1735 preserves the current employment framework. While the bill would legalize adult-use cannabis for Pennsylvanians 21 and older, it does not create new workplace protections for recreational users. Employers would retain the ability to maintain drug-free policies, conduct pre-employment or random drug testing, and take adverse action based on a positive cannabis result, particularly in safety-sensitive roles or where required by federal law.
Recreational users, unlike certified medical marijuana patients, would not be shielded from employment consequences for off-duty use.
Under HB 1735:
Importantly, HB 1735 reaffirms that lawful cannabis use under state law does not override an employer's authority to regulate its workplace.
Local Ordinances Offer Broader Worker Protections
Notably, both Philadelphia and Pittsburgh have implemented local ordinances that offer stronger protections for medical marijuana users than either Act 16 or HB 1735. In Philadelphia, employers are prohibited from conducting pre-employment marijuana testing as a condition of employment, with limited exceptions for safety-sensitive positions, law enforcement roles, and federally mandated testing programs. Similarly, Pittsburgh's ordinance bars pre-employment drug testing for marijuana for most roles, while carving out exceptions for positions involving public safety, driving, or duties that could pose a significant risk of harm.
These local laws signal a growing trend among municipalities to provide greater employment protections for cannabis users, particularly in the absence of broader state-level safeguards. Neither Act 16 nor HB 1735 imposes restrictions on employer drug testing policies, meaning that outside of these cities, Pennsylvania employers retain wide discretion to test for and act on cannabis use.
What Job Seekers Should Know
For job seekers, particularly those who use cannabis recreationally or medicinally, HB 1735 signals that legalization does not equal workplace immunity. A positive drug test, especially in pre-employment screening or for positions governed by federal rules, can still result in a rescinded job offer or disciplinary action.
Certified medical users will still be shielded from discrimination based solely on their patient status, but they can also face adverse action if they show signs of impairment at work or fail a test in violation of company policy.
That said, HB 1735's legalization and expungement provisions could offer a fresh start for individuals whose past cannabis convictions have presented barriers to employment.
Parting Thoughts
House Bill 1735 represents a major policy shift in Pennsylvania's approach to cannabis, but its impact on the workplace is more measured. Employers retain broad authority to regulate cannabis use, set drug testing policies, and manage workplace safety. Medical marijuana users continue to receive limited statutory protections, while recreational users should not expect new rights in the employment context.
For employers, this is the time to review and update workplace drug policies to ensure they align with the evolving legal landscape, particularly if your organization operates in multiple jurisdictions with differing cannabis laws. And for job seekers, understanding the distinction between legal use and protected use remains critical.
Legalization may open the door for retail cannabis sales, but in the workplace, the rules are still firmly in place.
