Pennsylvania SB 732: An Act amending the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, in preliminary provisions, further providing for definitions; in patients, further providing for prohibitions; in miscellaneous provisions, further providing for protections for patients and caregivers and providing for enforcement and civil actions; and promulgating regulations.

Bill Text

PRINTER'S NO. 784
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 732
Session of
2025
INTRODUCED BY STEFANO, LAUGHLIN, PENNYCUICK, YAW, J. WARD AND
BROWN, MAY 12, 2025
REFERRED TO LAW AND JUSTICE, MAY 12, 2025
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," in preliminary
provisions, further providing for definitions; in patients,
further providing for prohibitions; in miscellaneous
provisions, further providing for protections for patients
and caregivers and providing for enforcement and civil
actions; and promulgating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of April 17, 2016 (P.L.84,
No.16), known as the Medical Marijuana Act, is amended by adding
definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Essential functions." The fundamental, not marginal, duties
of a position.
* * *
"Impaired." As follows:
(1) Symptoms of being under the influence of marijuana
that may decrease or lessen an employee's performance of
essential duties or tasks that an employer, in good faith,
believes will result in carelessness, negligence or disregard
for the safety of themselves or others and disrupt business
operations.
(2) Observable symptoms of impairment from medical
marijuana may include the employee's speech, mobility,
physical dexterity, agility, coordination, demeanor,
appearance, odor or irrational or unusual behavior.
* * *
"Safety-sensitive position." A position that requires any
activity that an employer reasonably believes presents a
potential risk of harm to the health or safety of an employee or
others, including:
(1) Duties performed at heights or in confined spaces,
to which the following shall apply:
(i) The term "at heights" shall mean an activity
undertaken in any place where, if there were no safety
precautions in place, a person could fall a certain
distance, resulting in personal injury.
(ii) The term "confined space" shall mean a space
with limited openings for entry or exit that is large
enough for entering and working and that is not designed
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for continuous worker occupancy, including mines,
underground vaults, tanks, storage bins, manholes, pits,
silos, underground vaults and pipelines.
(2) The operation of any motor vehicle or other vehicle,
including a forklift.
(3) Operating, repairing, maintaining or monitoring the
performance or operation of any equipment, machinery, power
tools or manufacturing process, the malfunction or disruption
of which could result in injury or property damage.
(4) The performance of official firefighting or rescue
duties.
(5) The operation, maintenance or oversight of critical
services and infrastructure, including electric, gas and
water utilities, power generation or distribution.
(6) The extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of chemicals or other potentially
volatile, flammable, combustible materials, elements,
chemicals or other highly regulated component.
(7) Dispensing or handling pharmaceuticals.
(8) Carrying a firearm or any device or weapon designed
or primarily employed so as to incapacitate an individual
while minimizing fatalities, permanent injury or undesired
damage to property or the environment.
(9) Direct patient, elder or child care.
* * *
"Under the influence." One or more of the following:
(1) A drug test pursuant to which it is determined that:
(i) the level of tetrahydrocannabinolic acid in the
individual's urine is equal to or greater than 15
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nanograms per milliliter; or
(ii) the individual has provided an adulterated or
substituted testing sample.
(2) An employer's good faith determination that an
employee or job applicant is under the influence of marijuana
based on observable physical behavior or characteristics,
provided that an employee may rebut the determination by
immediately submitting to a drug test, the resu