Should You Disclose Your Medical Marijuana Card to Your Employer?

• Thanks to HIPAA and other health protections, your employer won’t find out if you have a medical card if you don’t tell them.
• If you’re wondering if you should disclose your medical cardholder status to your employer, consider whether you’ll receive any benefits, whether your employer conducts periodic drug testing, and how safety-sensitive your workplace is.
• Ultimately, the decision is up to you.

Your health is your business. However, with varying state and employer medical marijuana protections, health insurance, and workplace drug-testing policies, you may wonder if you should be open about having a medical card.

Ultimately, disclosing your medical cardholder status to your employer is your personal choice. However, it’s not a choice you can make lightly; once you tell your employer, you can’t take it back.

Whether you’re considering getting your medical card or seeking new job opportunities, TeleLeaf has the information you need to make an informed decision. Protect your job and your right to holistic treatment—keep reading to learn more.

Medical Marijuana and the Workplace: Common Questions

Medical marijuana policies vary between the federal government, states, and, yes, even individual workplaces.

Private employers can maintain stances on medical marijuana that contradict those of your state. This confusing legal landscape can create challenges as you apply for jobs and navigate the workforce.

Let’s answer some important questions you may be asking as a medical marijuana cardholder in the workplace:

1. Will My Employer Find Out About My Medical Marijuana Card?

Since many workplaces offer health insurance benefits to employees, you may wonder if your employer has access to your personal health information—including your medical cardholder status. The short answer is no, they don’t.

• Unfortunately, health insurance plans don’t cover medical marijuana due to marijuana’s federal Schedule I classification.
• However, even if they did cover it, all of your private health information is protected under the Health Insurance Portability and Accountability Act or HIPAA.
• That information stays between you, your doctor, and your health insurance company, even if you have your plan through workplace benefits.

Rest assured: If you don’t want to tell your employer about your medical card, they will not find out.

The Americans with Disabilities Act (ADA) can also protect you from employers who try to inquire into your medical history or medication use. If you feel that your employer (or potential employer) has tried probing your medical marijuana use, you may be able to seek legal help under the ADA’s employment protections.

2. What Are My Legal Protections as a Medical Cardholder in the Workplace?

If you have a medical marijuana card, you may be legally protected from workplace discrimination to an extent, but depending on

your home state and employer, you likely still face certain restrictions.

Of the 38 states with medical marijuana programs, 23 (including Washington, D.C., and Puerto Rico) have passed anti-discrimination laws to protect medical marijuana patients in the workforce. These laws make it illegal to refuse to hire someone simply because of their medical cardholder status.

Protected states include:

• Arizona
• Arkansas
• California
• Connecticut
• Delaware
• Illinois
• Maine
• Maryland
• Minnesota
• Missouri
• Montana
• Nevada
• New Jersey
• New Mexico
• New York
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Virginia
• Washington
• West Virginia

Additionally, Massachusetts, New Hampshire, and Vermont have similar protections put in place by State Supreme Court rulings.

While these laws protect your right to employment, most don’t require employers to provide any accommodations for medical cardholders. The option to grant or refuse accommodations remains with individual employers.

Read your workplace’s medical marijuana policies thoroughly and stay updated on any changes made. If they do provide certain protections and accommodations, it may be beneficial to disclose your medical cardholder status.

3. Do I Still Have to Take Drug Tests if I Have a Medical Card?

Many types of employers require drug tests before hiring you and periodically during your employment. The extent of drug testing in the workplace depends on federal and state laws as well as the nature of the job.

Here are a few types of workplaces that enforce stricter drug testing:

• Federal workplaces – All federal workplaces must adhere to federal marijuana laws by enforcing a drug-free workplace. Since the government still considers marijuana a Schedule I drug, any marijuana use—medical or otherwise—is illegal. This includes positions in the Armed Forces.
• Safety-sensitive workplaces – Employees who must drive, operate heavy machinery, or perform other high-risk tasks are often required to drug test more often.
• Medical workplaces – If you work with patients in a hospital or healthcare setting, you may have to drug test periodically.

Any private employer has the right to enforce a drug-free workplace. State laws can protect you from wrongful termination based on having a medical card alone, but if you fail a mandated drug test, you could potentially face consequences.

The goal of drug testing is to prevent drug use on the job. However, drug tests can detect marijuana in your system up to 30 days after use. Understandably, this can create complications for medical marijuana patients who need to use cannabis to treat debilitating symptoms like chronic pain and anxiety.

Some employers may recognize the shortcomings of drug tests; others may not. To protect your employment and maintain your treatment schedule, stay up-to-date on your employer’s drug testing policies. And remember, never attempt to falsify a drug test’s results.

Disclosing Your Medical Cardholder Status: Weighing Your Options

In most cases, you don’t need to tell your employer about your medical marijuana card.

There’s no reason for them to know about your medication if:

• Your employer doesn’t have accommodations for medical marijuana cardholders
• Your employer doesn’t require mandatory drug testing
• Your medical marijuana use doesn’t impact your job performance or workplace safety

Here are a few potential reasons you may need to disclose your cardholder status to your employer:

1. You have to take mandatory drug tests – Before accepting a job, ask your employer if they require periodic drug testing. If they do, consider telling them about your medical card before your drug test. That way, if you test positive, you won’t have to explain why retroactively. If your potential employer has issues with your medical marijuana use, that job may not be the right fit for you.
2. You work in a safety-sensitive environment – If your medical marijuana use interferes with your ability to work safely (or to maintain a safe work environment for others) it’s your responsibility to inform your employer about your medical card.

Again, familiarize yourself with your employer’s drug use and medical marijuana rules to make the most informed and beneficial decision for you.

Remember: once you tell them, the cat’s out of the bag—or the medical card’s out of your wallet, you could say. Don’t be afraid to ask for additional guidance from a trusted doctor or legal representative.

The Benefits of Having a Medical Marijuana Card

While a medical card won’t guarantee you certain workplace protections or accommodations, there are several important advantages to having one:

• Legal cannabis access – In states with medical marijuana programs where recreational marijuana is illegal, you must have a medical card to legally obtain cannabis. With your medical card, you’ll have access to licensed medical dispensaries that offer safe, high-quality products and personalized recommendations.
• dispensaries discounts and tax breaks – Medical cardholders pay much less in taxes for medical marijuana products as opposed to recreational users in some states. Many dispensaries also offer special deals or reduced prices for medical marijuana.
• Increased possession amounts – You can’t use marijuana while in public, either for recreational or medical purposes. However, many states allow medical cardholders to possess greater amounts of marijuana than other users. And, most importantly, a law enforcement officer can’t charge you with illegal possession.

You have the power to choose whether you get a medical card, just as you can choose whether to tell anyone. However, a medical marijuana card guarantees access to holistic relief—especially in states without recreational use provisions.

TeleLeaf: Gain Immediate Access to Medical Cannabis Today

You can easily and affordably obtain your medical card online with TeleLeaf.

The process is simple: Schedule your same-day virtual appointment, meet with your state-licensed clinician, discuss your medical cannabis needs, and get approved for a medical card immediately.

Learn why over 40,000 patients trust TeleLeaf to provide compassionate care and invaluable resources. Talk to one of our dedicated support team members for more information.

Sources:

U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the ADA.
https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees

National Conference of State Legislatures. Cannabis and Employment.
https://www.ncsl.org/health/cannabis-and-employment-medical-and-recreational-policies-in-the-states

U.S. Department of Labor. Drug-Free Workplace Regulatory Requirements.
https://oui.doleta.gov/dmstree/tein/tein_pre93/tein_15-90.htm