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Does Having a Medical Marijuana Card Affect Employment?

Having a medical marijuana card alone shouldn’t impact your employment. But testing positive for cannabis or refusing to take a drug test could lead to consequences. Legal protection for medical marijuana users differs from state to state.

This leaves employees and employers operating in a legal gray area where the outcome of a positive drug test isn’t always predictable in terms of discipline or job security.

States That Protect Medical Marijuana Patients in the Workplace

Some states offer more job protections for medical marijuana users than others, and these protections are unique for each state. Some states also protect workers from being dismissed based on a single positive drug test or simply for being a medical marijuana cardholder. But these protections vary as well.

With cannabis still illegal under federal law, there isn’t a framework that exists to develop legislation protecting medical marijuana patients.

Employer and Workplace Medical Cannabis Policies

It’s not typical to find an employer who allows the use of cannabis on the job, even in states with considerable patient protections.

Federal and non-federal workplaces under federal contracts exceeding $100,000 must implement drug policies, which include drug testing.

Private companies aren’t usually required to carry out drug tests but have the option to do so. It’s essential to be aware of your employer’s policies on medical cannabis to make sure you’re complying with both legal requirements and company guidelines.

Are Medical Marijuana Patients Exempt From Drug Tests?

No. You are still required to take a drug test. The test results and any potential punitive measures differ based on specific state laws and your workplace’s drug policy.

Should I Tell My Employer that I Have a Medical Marijuana Card?

The decision of whether to tell your employer that you have a medical marijuana card depends on the state you’re in. If it has protections for registered users, disclosing this information could be beneficial.

But if the state doesn’t protect such patients and you are not currently using cannabis products, it’s best to keep this detail private. Regardless of what action is taken, never attempt to falsify drug test results.

Can I Be Denied a Job If I Have a Medical Marijuana Card?

No, you cannot be denied employment for being a medical marijuana holder. You may have to avoid mentioning it when applying for a job, as it may influence an employer’s decision when hiring you.

Can Jobs See If I Have a Medical Marijuana Card?

Employers cannot view your medical marijuana card unless you show it to them. While some employers have the right to test their employees for drugs, you still maintain your right to privacy and can keep your medical information to yourself.

But you’re still required to take a drug test. Employers still have to maintain a drug-free workplace.

Which Protections Are Provided by the Compassionate Use Act?

The Compassionate Use Act says that an employer cannot penalize you solely for having a medical marijuana card. This means that your employer cannot fire you, refuse to hire you, or otherwise treat you unfairly for having a medical marijuana card alone.

Applying for a Medical Marijuana Card

Applying for a medical marijuana card is easy with TeleLeaf.

We are an online telemedicine clinic helping qualified patients connect with credible doctors. Our aim is to provide educational information to our patients so they can decide how to create better healthcare outcomes as medical cannabis patients.

Give us a call at (504) 264-3123.


Reference

State Medical Cannabis Laws – NCSL

https://www.ncsl.org/health/state-medical-cannabis-laws

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination – ADA

https://www.ada.gov/

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