Twenty-three states and Washington, D.C. have legalized medical marijuana. Only a couple of these states have laws that protect medical-marijuana patients from losing their job over a failed drug test.
A 2014 analysis of medical marijuana patients in each state shows that, on average, 7.7 out of every 1,000 residents in a medical-marijuana state are registered patients. At 21.2 patients per 1,000 residents, Colorado is the state with the highest ratio of medical marijuana users. The Colorado Supreme Court recently upheld a ruling that stated a company has the right to fire any person who fails a drug test for marijuana, even if they are a registered medical-marijuana patient.
Even though more and more people are turning to cannabis as an alternative to dangerous painkillers, the federal illegality excludes medical-marijuana patients from protection under the Americans with Disabilities Act. In short, disclosing your medical-marijuana use is grounds for termination or refusal of employment in some states. Here are some ways to handle the situation.
Know the Medical Marijuana Laws in Your State
Arizona, Delaware, and Minnesota are the three states that specifically prohibit an employer from terminating an employee or refusing employment to a candidate who is a registered medical-marijuana patient based on a positive test for THC. States like Nevada and New York require employers to accommodate patients, as his or her ability to perform a job job safely is not limited.
All of the other medical marijuana states offer no protection for patients. Unless you live in Arizona, Delaware, or Minnesota, your best bet is to withhold your status as a medical-marijuana patient from your employer. As long as you do not try to cheat a drug test, then you are not doing anything morally or legally wrong by withholding this information.
Look at the Situation from the Employer’s Perspective
It’s easy to get defensive if you’re a medical-marijuana patient and using your medicine can make you jobless. One could easily make a case for discrimination, but unfortunately, marijuana’s federal status as a Schedule 1 substance has made virtually every judge rule in favor of the employer.
Instead of letting yourself play the victim, look at the situation like an employer. Some professions need a drug-free workplace to operate safely. Also, any company that receives a contract from the government is required to provide a drug-free workplace. Some of these hiring managers may not have a choice as to whether or not they can ignore a positive result on a drug test.
Decide if Medical Marijuana use is Worth the Hassle
If you live in a state that offers no patient protection, then you use medical marijuana at your own risk. You should spend time seriously considering whether this risk is worth limiting your job options. The best advice is to make your choice based on the industry you wish to enter. For example, if you want to be a nurse, then there’s a good chance you’ll have to give up medical marijuana.
Do some research online about a company’s hiring process. If they don’t specifically state whether or not they have a pre-employment drug test, then you should try and naturally flush your system so you can get a job. If you’re one of the medical marijuana patients out there who uses because no other medication works, then you unfortunately have to consider moving to Arizona, Delaware, or Minnesota in order to be protected.
Do you think an employer has a right to refuse employment to a medical marijuana user? Why or why not? We’d love to discuss this in the comment section.
