Superior Court Rules that Claims Under Medical Marijuana Act Are Subject to Two-Year Statute of Limitations

This case concerned the plaintiff’s claim that she was terminated from employment due to her status as a medical marijuana patient. She filed suit against her employer for termination in violation of the Medical Marijuana Act (MMA), 35 P.S. § 10231.101, et. seq., and argued such actions are subject to the six-year “catchall” statute of limitations set forth in 42 Pa.C.S. § 5525, as are actions filed under the Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Criminal History Record Information Act (CHRIA). The defendant employer argued the action was time barred under the two-year statute of limitations set forth in § 5501. The Superior Court highlighted that no private cause of action is enumerated in the MMA, noting it previously held there was a sole implied cause of action under the MMA for wrongful termination. On this basis, the Superior Court found a violation of the MMA more analogous to the tortious causes of action set forth in § 5501, as opposed to the specifically legislature-crafted causes of action under the UTPCPL and CHRIA. Therefore, the court held the plaintiff’s action to be time-barred. The import of this decision is its precedential effect that a statute that sets forth a right to a private cause of action should presumptively be subject to a six-year statute of limitations unless otherwise enumerated in the statute.