This is probably one of the first misconceptions that a newly diagnosed patient makes: “Since I have a medical marijuana license, there won’t be any trouble at work if I fail a drug test.” Sadly, this misconception causes many problems for people. This is true; however, depending on the state you reside in and the place where you work, your medical marijuana card may provide you with some protections or no protections at all.
Let’s see what really happens when a license encounters a drug test.
The Short Answer: No, a Card Doesn’t Exempt You From Testing
Possession of a medical marijuana card does not preclude an employer from testing its employees for drugs, and usually does not serve as a safeguard against adverse actions when one tests positive. Normally, employers still reserve the right to maintain a drug-free workplace policy, perform pre-employment, random, reasonable suspicion, and post-accident drug testing, and administer disciplinary action as needed, regardless of whether the employee is a medical marijuana user or not.
And this is because of the federal law. Even though in many states it is legal to possess cannabis, it remains a Schedule I controlled substance according to the federal Controlled Substances Act. The courts consistently ruled that medical marijuana users fall under the definition of “individuals currently engaging in the illegal use of drugs,” which excludes people from the Americans with Disabilities Act. Thus, it is the federal framework that does not allow a medical marijuana card to carry much weight in terms of employment.
But Some States Do Offer Real Protection
That is where there seems to be reason to feel a little more optimistic. About half of all medical marijuana states have managed to pass laws offering some kind of employment protection for registered patients, which will usually bar employers from firing or not hiring an individual simply based on the fact that he or she is a registered patient or has tested positive for THC under the auspices of being a lawful recreational user of the substance.
Even in these more protective states, though, the coverage usually comes with real limits:
- Workplace impairment is not covered under any circumstances. No matter how stringent the laws in a particular state are, an employer can always discipline or discharge an employee for workplace impairment, even if the employee holds a valid medical marijuana card.
- Certain occupations are usually excluded from such protection. Positions that involve operating dangerous machinery, driving, health care, or public safety jobs are commonly excluded.
- Employers with federal contracts or grants are exempt. An employer with a federal contract or that receives federal grant money has to have a drug-free workplace policy that does not recognize any state laws at all.
And Plenty of States Offer None
However, on the negative side, some states, such as Iowa, Maryland, and Illinois, do not have any real employment protections for people holding medical marijuana cards. In these states, it means that an employer may freely test an individual for marijuana, refuse to employ the cardholder, or even fire an employee based on a positive test result, even if he uses the drug legally outside work, provided that it is done consistently throughout the entire company. To put it simply, your card only protects you from the law in one of these states.
Federally Regulated Jobs Are a Special Case
When you happen to work in a federally regulated safety-sensitive position, which includes commercial drivers, airline pilots, etc., all of the laws of your state become irrelevant. The DOT is clear on the issue of marijuana use by such employees, as it states that marijuana continues to be banned in safety-sensitive positions no matter what happens with its federal legalization. In most cases, a positive result in such a situation leads to the termination of the duties of that person.
What This Means for You
As these differences range so widely, it would be best for you to determine where your state and employer stand regarding these matters before even obtaining your medical marijuana card:
- Find out if your state provides any type of employment protection to its cardholders. Read through the details of what these employment protections actually entail, as the majority do not include safety-sensitive occupations or impairment while at work.
- Read your employer’s drug testing policy. Do not make assumptions; go straight to HR or check your employee handbook, as these will vary widely depending on even those states offering protections.
- Know what your occupation actually entails as far as your job classification. Your job title might not mean anything as far as safety sensitivity goes, and you could lose potential protections.
- Consider disclosing with caution. If you are in one of the protective states, you may be able to use this to your advantage if you end up having to take a drug test and get a positive result. If you are not, many cardholders choose not to disclose unless specifically asked.
- Do not assume that the ongoing discussions of rescheduling affect your risk now.
This is precisely the kind of question that should be asked before your evaluation and not after you’ve failed your test. The experts at MMJ Medics will give you the knowledge of your state laws during the process of certification, so that you will have a realistic understanding of what your medical marijuana card does and does not cover.
Know Before You Apply
Having a marijuana card makes you legally protected for buying, possessing, and using marijuana through your state’s system; however, this does not automatically make you exempt from workplace implications of having an MMJ card, and it might end up putting you in real danger of losing your job. Knowing your rights in the particular state where you live, your employer’s policies on marijuana use, and the job position that you hold beforehand is the most intelligent way of ensuring safety for yourself and your wallet.
Frequently Asked Questions
Can I be fired for a positive drug test if I have a medical marijuana card?
Yes, this can be done in many states, especially in those states where there is no special employment protection for people who have these cards. Even in the states that have such special protections, they can take action against you if the positive test is linked to on-the-job impairment or if you hold an occupation that is termed as safety sensitive.
Do all states protect medical marijuana patients from workplace drug testing consequences?
No, about half of the states that have medical marijuana legislation have some sort of protection available, while others allow employers to maintain a zero-tolerance policy regardless of your status as a medical cardholder.
Can an employer refuse to hire me just because I have a medical marijuana card?
While some states, such as Pennsylvania, consider it illegal to discriminate against candidates because they are cardholders, even though the employer can make decisions based on the fact that the test was positive, there are no such laws in other states where an employer could refuse employment not only because of the positive drug test but also because the candidate is a cardholder too.
Does it matter if I only use medical marijuana off-duty and never at work?
In those states where patients’ rights are protected by law, the specific activity covered by the legislation is precisely the off-duty and off-site usage of cannabis, which is why such legislation applies to people who never use medical marijuana during working time. In states where there are no such protections, however, this is not always enough to protect from being fired after passing a positive test.
What about federal jobs or DOT-regulated positions like commercial driving?
The two are treated in different ways despite the laws within a particular state because, according to federal guidelines, the use of marijuana is not allowed among employees who handle safety-sensitive tasks. Possession of a medical marijuana card cannot protect you in such jobs, and a positive test may lead to immediate disqualification from performing safety-sensitive tasks.
Should I tell my employer about my medical marijuana card before getting tested?
It really depends on your state and whether there is sufficient protection in your state. In states that do provide sufficient protection, it will help you if you disclose it prior to any test being conducted.
