Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant Governor John Fetterman, now a candidate for the U.S. Senate, that concluded legalization is supported by a majority of Pennsylvanians and would help mitigate the commonwealth’s fiscal woes. For Pennsylvania’s regulated public utilities, the administration’s proposal creates uncertainty regarding whether they will be permitted to continue their zero tolerance drug use policies for employees involved in the operation of critical infrastructure.

Public utilities have a statutory obligation to provide safe, adequate, and reliable service on behalf of their patrons, employees, and the public.1

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