Although it is still very much a developing body of law, employers must be especially cautious in the actions they take against employees who may be legally using marijuana for medical purposes. In the first state or federal decision in Pennsylvania, the Court of Common Pleas in Scranton allowed a lawsuit to proceed against the employer who terminated a worker using marijuana legally under the state Medical Marijuana Act (MMA). In Pamela Palmiter v. Commonwealth Health Systems Inc, et al, the court ruled that an implied right of action under the state MMA is consistent with safe and effective access to medical marijuana and protects eligible patients from adverse employment treatment. The plaintiff was terminated for her legal use of marijuana and the employer alleged that the absence of an explicit right of private action prohibited the worker from filing the lawsuit. With medical and recreational marijuana use legalized now in many states across the country, employers are well advised to tread cautiously with their employees and consult with legal counsel before taking drastic action over marijuana use.