Jack Lehr Elec. v. Unemployment Comp. Bd. of Rev.

The Pennsylvania Commonwealth Court addressed the interplay between an employer’s prohibition on drug use and an employee’s use of marijuana pursuant to a valid prescription. Here, the claimant alerted his employer about the medical marijuana before the drug test, and no evidence suggested that the claimant ingested marijuana immediately before or during his shifts. The Court ruled that the claimant was eligible for unemployment benefits, and Section 402(e.1) of the Unemployment Compensation Law did not otherwise prohibit benefits for someone who uses medical marijuana. 

Jack-Lehr-Electric