With time, we’re only seeing the growth of medical marijuana and how people around the world are becoming interested in it. Many from different backgrounds can apply for medical marijuana and get it, but for job seekers, things can get a bit overwhelming.
However, it can be pretty complicated to land a government job when you’re a medical marijuana patient. Many states have legalized the use of medical marijuana, but in federal law, it is still prohibited to use for patients. So, if you’re looking for a government job, these legal clashes between federal and state laws can be confusing for you.
Different states and employers have different rulings when it comes to medical marijuana use. Read this informative guide and find out relevant details to make informed decisions.
Medical Marijuana Legislation
Federal vs. State Laws
According to research, federal and state laws on medical marijuana often clash.
In the eyes of federal laws, medical marijuana is considered a Schedule I substance, which is risky for people to use even for medical purposes. This ruling impacts those who want to be a federal employee.
Since many states allow the use of medical marijuana, in that case, job seekers might experience complicated situations while applying for a government job. Because of this conflict, federal employees may face severe penalties, including losing their jobs.
State-Specific Regulations
State laws are different when it comes to medical marijuana patients. Some states offer flexible rulings, whereas other states are more strict about their laws.
For example- states like California and Colorado both have full medical marijuana programs for people who need cannabis products to treat their conditions. On the other hand, there are states like Idaho and Nebraska that haven’t yet legalized the use of medical marijuana. That’s why it is important to learn state-specific rules before applying for a government job.
Government Job Requirements
Federal Government Job Policies
According to the federal government, medical marijuana is still considered a Schedule I substance which can’t be used even for medical reasons. So, if you’re trying to land a federal job, you won’t be able to use medical marijuana, no matter what your situation is.
These are some anti-marijuana policies maintained by federal agencies:
FBI (Federal Bureau of Investigation)
According to the FBI, any applicant who has used marijuana in the past three years will be disqualified. Also, federal employees have to take random drug tests.
CIA (Central Intelligence Agency)
The CIA doesn’t accept applications from those who have used marijuana in the past year. They maintain a zero-tolerance policy among employees regarding drug use.
DOD (Department of Defense)
The DOD maintains a strict drug-free workplace policy, which is why it won’t accept applicants who use medical marijuana. Here, military personnel, along with civilian employees, are regularly tested for drugs, including marijuana.
GSA (General Services Administration)
According to federal law, the GSA does not allow its workers to use marijuana, even if it is for medical reasons. Before getting hired, applicants have to take drug tests. Also, after the hiring process is done, random drug tests will happen.
US Forest Service
As part of the Department of Agriculture, the US Forest Service follows federal guidelines that don’t allow any employee to use medical marijuana.
State and Local Government Job Policies
Sometimes, state and local government jobs can be different. Many states allow people to use medical marijuana and protect them, while others don’t.
For example- California and New York provide protections to people who use medical marijuana for health conditions. These states have laws that prevent any kind of discrimination against medical marijuana users. That includes even those who want to have government jobs.
According to California AB 2355, employers can’t fire or refuse to hire any applicant solely based on their medical marijuana use. However, there are also states like Texas with stricter policies regarding medical marijuana patients. They follow the federal restrictions, which is why no medical marijuana users can have a government job.
Drug Testing in Government Jobs
Pre-Employment Drug Testing
In a government job, before even getting hired, you might have to do a drug test, and that is quite reasonable. These tests happen so that no one is using any medical marijuana during work hours.
Most government agencies want to make sure that the people they’re hiring are fully clean and have no records of previous drug use. It’s their way of keeping their workplace safe. So, if you test positive for THC before getting hired, you might not get the job. It doesn’t matter whether you’ve been using marijuana for medical reasons or not.
Random and Post-Incident Drug Testing
Once you’re hired, you’ve to be prepared for random drug tests. The authorities do that to make sure all the employees are following the rules and staying drug-free on the job. According to data, if any accidents happen in the workplace, they might do a post-incident drug test to figure out if a drug was the reason behind it or not.
Job Positions and Medical Marijuana
Safety-Sensitive Positions
Safety-sensitive positions are jobs where even being slightly impaired can seriously harm others. For example- law enforcement, healthcare, schools, and jobs involving heavy machinery. These sectors have strict drug use policies for obvious safety reasons. Even a medical marijuana user will encounter problems in these places.
Employers want to make sure that employees in these sectors are always sound enough to do their duty properly.
Non-Safety-Sensitive Positions
Non-safety-sensitive positions usually offer a bit more flexibility to their employees when it comes to medical marijuana use. State laws and employer policies often don’t interfere with these jobs.
For examples:
- Administrative Assistants
- IT Support Staff
- Finance Clerks
- Event Planners
- Policy Analysts
These positions are less likely to have strict drug testing policies, especially in states where medical marijuana is legal.
Conclusion
In final words, having a government job with a medical marijuana card could be quite complicated due to legal formalities. Yes, the state and federal laws differ many times, but still, before applying for a government job, you need to learn state-specific rulings first.
Along with the state laws, you also have to know about the employers’ policies. We’ve mentioned a few federal agencies’ requirements regarding recruitment. You also need to know whether your position is safety-sensitive or non-safety-sensitive so that you may prepare yourself.
So, make sure to talk to a professional legal advisor if you’re still confused about your job application as a medical marijuana user.
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