Pennsylvania’s Medical Marijuana Act (“Act”) creates a newly protected employee class. An employer may not “discharge, threaten, refuse to hire or otherwise discrimi-nate or retaliate against an employee” related to compen-sation or terms and conditions of employment solely on the basis of that employee’s status as a “certified medical marijuana user.” Are employers required to make accommodations for the use of medical marijuana? May they discipline an employee for working under the influence when the employee’s con-duct falls below the standard of care for that position? The Act provides some clear examples of employee conduct which reflect issues of potential physical danger to others where someone is under the influence of marijuana on the job. Similarly, there are some government agency policies that require employers to act where an employee’s use of a drug may put others at safety or health risk. But, what about “mental impairment,” when an employee’s job re-quires intellectual knowledge and agility? At least one state Supreme Court has ruled in favor of em-ployees generally stating that employers may not punish qualified medical employee use of marijuana even while on the job. If so, must you provide a “reasonable accommoda-tion” under the ADA? These issues reflect challenges of a new “trend.” In reaction, an employer should consider: (1) evaluating cer-tain positions, the impact of use of medical marijuana on an employee in that position, and his/her ability to maintain an appropriate standard of performance; and (2) an internal company policy on prescription marijua-na; and (3) attempting to make reasonable ac-commodations for those who have a valid “medi-cal marijuana use card.” Whatever policies are put in place now to ad-dress these two issues, should be very carefully and conservatively draft-ed to attempt to limit the employer’s liability and, employer’s flexibility to change policy promptly after the state and fed-eral regulatory and legal issues are settled. KEITH CLARK IS CHAIRMAN AT SHUMAKER WILLIAMS, P.C. HE CAN BE REACHED AT 717.763.1121 OR CLARK@SHUMAKERWILLIAMS.COM. SHUMAKER WILLIAMS, P.C. IS AN ASSOCIATE MEMBER OF PACB. PACB ASSOCIATE MEMBER SPOTLIGHT PACB ASSOCIATE MEMBER SPOTLIGHT Address: 912 Ft. Duquesne Blvd. Suite 3 South | Pittsburgh, PA 15222 Phone: 412.577.2345 | Website: www.fiserv.com Contact: Andy Quinn | Sales Executive Northeast Region Email: email@example.com Fiserv supports more than 15,000 financial services providers with solutions that include outsourcing and software for core account processing; EFT/ ATM; item/image processing; profitability mea-surement; document management and distribution; trust services; CRM and data warehouse; debit, credit and lending solutions, mortgage servicing and origination; card services; cash management; and Internet/eCommerce solutions. Address: 6750 West Loop South Suite 235 Bellaire, TX 77401 Phone: 713.664.3500 Website: www.shearsonllc.com Contact: Justin Dzik | Vice President Email: firstname.lastname@example.org Dzik Investments is a group of registered repre-sentatives in Houston, Texas. Dzik Investments specializes in Fixed Income Products for Commu-nity Banks.