Many medical marijuana users don’t know that despite being legal in their states, the employers can legally adopt their own drug policy. They can impose the workers to pass drugs tests and sometimes they have zero tolerance about your medical situation. More than 50% of the states in the US allow medical marijuana. However, this doesn’t mean the employers must accept it among their workers. Be sure you are not risking your job.
In two of the most liberal states when it comes to both recreational and medical marijuana , there aren’t workplace protection for medical marijuana users. In fact, for example, the California Supreme Court ruled that the cannabis law protects the users from criminal prosecution. But has nothing to say when it comes to your workplace policy.
And the Colorado Supreme Court allows the employers to fire an employee for off-duty when using marijuana, medical or not. Very few medical marijuana states protect their citizens in this sense. In these states is illegal for the employer to not hire a person for using medical marijuana or to fire someone for the same reason.
Among the 29 states where medical marijuana is legal, only 13 have legal workplace protection in place for patients.
The protection in these states doesn’t allow the patients to spend time during their workday. The law simply prohibits the employers to fire them for give positive in a drug test.
But in most cases, even though medical marijuana is legal, the employers can restrict its use and have a zero tolerance policy. This is because the cannabis is included in the Controlled Substances Act of 1970 that classifies it as the most dangerous substances.
Therefore it is advisable to discuss this point with your human resources department or an employment attorney before get yourself in troubles.