Pennsylvania Federal Judge: Medical Marijuana Act Provides Private Right Of Action

Mealey's (October 7, 2020, 2:47 PM EDT) -- PHILADELPHIA — In a matter that he noted was one of first impression, a federal judge in Pennsylvania on Sept. 25 ruled that a private right of action under Section 2103(b)(1) of the Pennsylvania Medical Marijuana Act (MMA) appears to be consistent with the Legislature's intentions and permitted a former hospital employee to proceed with a claim of MMA discrimination due to her firing as a result of a drug test taken after her medical marijuana card lapsed (Donna R. Hudnell v. Thomas Jefferson University Hospitals, Inc., No. 20-1621, E.D. Pa., 2020 U.S. Dist. LEXIS 176198)....