A total of 38 US states have legalized the use of medical marijuana so far. This shows the promising potential of medical cannabis when it comes to the treatment of certain medical conditions. However, things aren’t as simple as they may look for medical cannabis users across the US.
Even if your state allows the use of medical marijuana, you can’t legally consume or possess any variant of marijuana in any capacity under US federal laws. Marijuana is specifically labeled as a Schedule I substance and anyone consuming it or in possession of it will be charged as a felon.
This is exactly where state and federal laws intertwine causing a lot of confusion in a lot of matters. One such matter is whether a person with a medical marijuana card can work as a full-time employee and whether or not the person should tell his or her employer about the medical marijuana card.
Remember, apart from intertwined state and federal laws, the social stigma associated with the use of cannabis is also a major reason why most people are usually hesitant to tell their employers about consuming medical marijuana.
Today, we’ll be thoroughly discussing this topic in the context of state-specific laws and what you can expect after telling your employer about your medical marijuana card.
How Does Having a Medical Marijuana Card Affect Your Current Job?
On principle, having a medical marijuana card should not affect your current job in any capacity. There are a number of people who are prescribed medical cannabis as a form of medication and they consume the prescribed amount without telling their employers while staying on the right side of the law.
But wouldn’t it be a problem for you if you fail a drug test conducted by your employer? Well, if your employer is legally required to conduct a drug test for their employees, then the very nature of your job might restrict you from consuming medical cannabis and you must report your medical marijuana card to your employer.
For example, if your job demands you to drive frequently or respond to an emergency, consuming cannabis and performing your duties under the influence of the drug would be illegal and would be a liability for your employer.
Here’s a brief breakdown of occupations that don’t allow you to consume medical cannabis while being an active employee:
- Truck and CDL Drivers: Driving under the influence of cannabis is illegal, posing significant public safety risks when operating large vehicles. Companies often mandate random drug screenings, and positive results can lead to issues depending on company policies and state laws.
- Social Workers: Social workers are responsible for making critical decisions about people’s lives and well-being, and they must maintain sobriety for sound judgment. They are often tested for drug use before and during employment.
- Public Safety Positions: Police officers, firefighters, and EMTs, tasked with protecting the public, must undergo pre-employment and random drug screenings. Cannabis use can impair their judgment, potentially leading to life-threatening situations and public safety concerns.
- Federal and Government Jobs: Cannabis remains federally illegal, meaning drug tests during federal job applications or interviews can detect its use, potentially resulting in disqualification. Extensive background checks for government positions may reveal marijuana use or possession of a medical marijuana card, raising concerns about the security of sensitive information.
- Counselors and Therapists: Especially in rehabilitation settings, counselors and therapists must be free from cannabis influence to maintain professional integrity and safeguard public health. They may be subject to drug testing due to their access to sensitive information.
- Professional Athletes: Athletes like Tara Davis and Sha’Carri Richardson have faced consequences for cannabis use, including being stripped of Olympic titles. Regular drug testing in sports ensures fair competition and cannabis use can be prohibited depending on the sport’s regulations.
- Medical Employees: Marijuana use by hospital staff can jeopardize patient safety, leading to policies against its use and mandatory drug testing. Positive results can raise concerns about their ability to provide proper care.
What If My Employer Can See That I Have a Medical Marijuana Card?
As per the Health Insurance Portability and Accountability Act (HIPAA) and your local state privacy laws, your medical records including the history of your medical marijuana card are not publicly available to anyone. This means that your employer can’t check whether or not you have a medical marijuana card.
However, this data is usually sold by data scrapping agencies to third parties which is in fact a breach of the privacy act. Still, your employer or a company can’t legally check your status as a registered medical marijuana patient even through a third-party agent.
Can My Employer Fire Me for Using Medical Marijuana?
Technically, many of the US states consider it illegal to facilitate discrimination against an employee for their use of medical marijuana. This means that on paper, your employer is not able to fire you for using medical marijuana. However, this issue is a bit more complex than it looks.
Almost every US state has its own employment protection act. In most states, this act leaves a gray area concerned with the use of medical cannabis during work hours. As a result, it is up to your employer to decide what action to take against you if you were consuming cannabis during your work hours and have failed or refused to take a mandatory drug test.
Apart from this, the fact that cannabis is illegal under federal laws and consuming cannabis can impact your ability to perform also contributes to this gray area which may become the reason behind you getting fired.
Some notable states such as Delaware, Arizona, Arkansas, Oklahoma, and West Virginia have laws that prohibit discrimination against employees solely because of their status as registered medical marijuana patients. On the contrary, states like New Mexico and Georgia allow employers to discipline their employees as deemed fit after a failed drug test.
Can Having a Medical Marijuana Card Affect Your Employability Chances?
Again, having a medical marijuana card should not affect your employability chances but this issue is quite complex. Marijuana is still illegal under US federal laws and consuming medical marijuana can impact your ability to perform.
As a result, employers might avoid hiring an individual with a medical marijuana card solely because the nature of the job itself would put you or your colleagues at risk if you’re performing your tasks under the influence of cannabis. Suppose such a reason is not valid for the job you’re applying for. In that case, there shouldn’t be any discrimination against a candidate just based on their status as a medical marijuana card holder.
Employment Protection for Medical Marijuana Users
Employment protection for medical marijuana users is a core state-related matter. What kind of employment protection you’ll be getting greatly depends on the state you’re living in.
For a better understanding of the protection acts in your state, research your local laws or contact a law firm that can further guide you on the matter.
Final Note
The question of whether or not you should be telling your employer about your medical marijuana card is more complex than it looks. Make sure to go through your local employment protection laws and have an in-depth discussion with HR regarding the impact of disclosing your status as a medical marijuana user. Remember, once you disclose your status as a medical marijuana user, this will become a part of your official record with an employer.
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