In states where medical marijuana is legal, and you have a card, legitimate script, etc., can you still get fired from your job if you fail an employee drug test?
Don’t need answer fast, you are not my lawyer, etc. etc.
It depends on the job. In a safety-sensitive job (like a bus driver, which is what I do) they don’t care if you have an Rx for it- if its in your system, you can’t get hired. Other employers may not be as particular depending on the nature of job itself and the culture of the employer.
Here in Michigan, the law states:
“Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or
bureau, for the medical use of marihuana in accordance with this act, …”
However, even this provision of the law did not stop WalMart from firing an employee - the previous year’s Employee of the Year - for MM use. The case is in now in the courts.
that the law also states:
"(b) This act shall not permit any person to do any of the following:
(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana:
(A) in a school bus;
(B) on the grounds of any preschool or primary or secondary school; or
© in any correctional facility.
(3) Smoke marihuana:
(A) on any form of public transportation; or
(B) in any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
(5) Use marihuana if that person does not have a serious or debilitating medical condition.
© Nothing in this act shall be construed to require:
(1) A government medical assistance program or commercial or non-profit health insurer to reimburse a person for costs associated with the medical use of marihuana.
(2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana."
What it says, then, is that an employer can’t fire you for simply having detectable marijuana metabolites in your system, but at the same time, you are not allowed to endanger the safety of others and your employer is not required to permit you to medicate while at work.
It’s pretty similar to the situation with other, legally prescribed medications that affect the person’s functioning. You can legally possess & take them, but often have restrictions on what you can do after taking them (can’t operate machinery, drive a car, etc.).
Generally, when taking a drug test, you fill out a form listing prescription medications that you are taking, which are likely to be confirmed by the drug test. So that expected positive result should not cause problems for you. I would think that if you are medically prescribed marijuana, you would include it when you filled out this list of medications you are taking.
Can I cabbage a couple of other questions onto this thread?
Assuming you have a card, legitimate script, etc., are you allowed to smoke it openly? Like, say, in a designated smoking area in a public place? How about in a hotel room?
Thanks.
There’s no universal answer to this since each state has their own law. Seventeen states & DC have authorized medical marijuana.
In Arizona, for example, it’s illegal to smoke medical marijuana in a public place, and private property owners (like a hotel) aren’t required to let you use marijuana on their property. In Colorado, you can only use medical marijuana in your own home, and even then, it can;t be in plain view (eg, your front porch or 'your yard).[cite - pdf]
The NORML website is a good place to start, and for obvious reasons, you’d be advised to be wary about sources offering advice on this subject.