Medical marijuana job protections pass Pittsburgh City Council

Pittsburgh City Council gave final approval to a bill that gives medical marijuana patients protection against being fired if they test positive for the drug.

The bill, approved 8-0 with Theresa Kail-Smith absent, makes medical marijuana users a protected class in the city. And the bill says that it is discriminatory to make testing patients for the drug a requirement of employment — except for certain higher-risk jobs in which it is, for example, necessary to carry a firearm.

The version of the bill that passed Tuesday also excluded many construction employees from its protection. The change specifically excludes workers whose job is governed by a collective bargaining agreement that includes drug testing. That covers many construction sites with union workers.

Councilor Anthony Coghill introduced the amendment last week in response to concerns he heard from the building trades.

“When we're talking about our building trade unions, we need to respect their opinion,” Coghill said. “We need to listen to their concerns. And most importantly … it's about safety, safety, safety for them."

The bill does not prevent drug testing after a workplace accident or for workers who are suspected of being impaired.

The bill gives the responsibility of enforcing discrimination complaints about medical marijuana to the Pittsburgh Commission on Human Relations.

Councilor Barb Warwick, who introduced the initial bill, said she was happy to see it pass, but disappointed about the added amendment.

“I specifically introduced the bill in the hopes of sort of moving the needle on this issue for our workers in the construction industry,” she said.

She noted that medical marijuana patients do work in other high-risk roles, like firefighters and paramedics.

“I believe that our construction workers, and certainly our union construction workers, deserve those same protections,” she said. “It’s unfortunate that they won’t be getting them today.”

Warwick was the sole vote against Coghill’s amendment when it was first proposed. She had initially hoped the bill would open up construction jobs to a wider group of prospective applicants.

Going forward, Warwick encouraged construction workers to seek protections in future collective bargaining agreements. She emphasized that medical marijuana is legal in Pennsylvania, and other forms of discrimination are against the law.

“Hopefully, at least, we started a conversation,” she said after the meeting.

Councilor Khari Mosley emphasized his respect for Warwick, and said he was interested in future attempts to address the issue.

“We want to make sure that all Pittsburghers have the opportunity to participate in those opportunities and seek those high-paying occupations that are associated with the construction trades,” he said. “While we may have gotten to the ten-yard line, I look forward to working with you in the future and getting across the goal line.”

In separate action Tuesday, Pittsburgh City Council agreed Tuesday to pay out $500,000 to end the city’s role in litigation that followed the 2022 collapse of the Fern Hollow Bridge. That amount is the maximum that a municipality can be required to pay under state law. If a judge agrees to accept the money, it will be divided among plaintiffs who were hurt in the incident.