The Schuylkill County Commissioners have adopted a medical marijuana policy.

Commissioners Gary Hess and George Halcovage Jr. voted for it at Wednesday’s meeting. Commissioner Barron “Boots” Hetherington was absent.

Human Resources Director Heidi Zula said she examined county policies and found this one didn’t exist.

“We are just trying to be proactive,” she said of the policy that is effective immediately.

However, once commissioners sign it, employees will be informed about it, she said.

County Administrator Gary Bender said he and Deborah Twigg, the former human resources director, spoke of possibly implementing a policy, but didn’t get to it.

Bender said he didn’t think adopting it would cause problems.

The policy says the following:

“The county of Schuylkill recognizes that Pennsylvania law legalizes the use of marijuana within the commonwealth by individuals who have a medical marijuana identification card, obtained with proper certification from a physician, and when used for medical purposes. An employee’s lawful possession or use of medical marijuana while off-duty and off duty county premises shall not, in itself, be deemed a violation of the drug free workplace policy or any other county policy.”

“Marijuana use, whether medicinal or recreational, remains illegal under federal law as a Schedule I controlled substance. As a result, an employee of the county whose position is funded, in whole or in part, by federal funds and who is subject to mandatory drug-free workplace requirements is prohibited from using marijuana at any time, whether medicinal or recreational,” the policy states.

Zula admitted “we’re not going to know if the employee doesn’t tell us” they use medical marijuana. She didn’t have the number of county employees whose job is funded by federal funds. Zula said she was working on obtaining that information.

The county does drug tests before hiring but not afterward unless circumstances might warrant it, Bender said.

Employees are required to notify the human resources office if they are certified as a medical marijuana user or update certification. A meeting will then be held discussing the potential usage per medical guidelines to see if “such usage will cause the employee to violate county policies or affect his or her ability to complete his or her duties in a safe and efficient manner,” the procedure says.

Furthermore, the county is “not required to accommodate the use or possession of medical marijuana in the workplace, nor is it mandated to authorize and employee to be under the influence of medical marijuana while in the workplace,” the procedure states.

Employees are directed to not report to work or “conduct county authorized business while under the influence of medical marijuana and shall not possess, distribute, or sell medical marijuana on county property or while conducting county business or during his or her work day.”

Those found in a “prohibited condition” may be placed on administrative leave and be required to take corrective action by the county.

Violation of the policy could lead to disciplinary action up to and including termination.