Can I Be Fired for Smoking Weed Legally?
Can I Be Fired for Smoking Weed Legally? In All States – Yes.
Marijuana Use Does Not Need To Be Allowed By The Employer. Some state laws allow people the use of medical marijuana with serious medical conditions and with a doctor’s authorization and an authorization card from the state. Even though personal use of medical marijuana is legal in those states, this legal use of marijuana does not need to be allowed by an employer.
While many states allow doctors to prescribe marijuana for certain medical reasons, federal law does not. These employers can test employees for marijuana use. As of now, only Delaware and Arizona have laws that prohibit you from taking any adverse action against an applicant or employee for medical marijuana use that does not affect their ability to safely perform their jobs. All other states provide no such protection. Even in Colorado, a court ruled that employees can be fired for using medical marijuana.
This question raises many legal issues that are dependent on an employer’s workplace policies, as well as both federal and specific state law. If you have questions in this area, you should consult An Attorney Knowledgeable In Federal, State And Local Laws in your local jurisdiction for the specific answers in your area. Thirty-three states and the District of Columbia currently have passed laws broadly legalizing marijuana in some form.
Five Real Life Examples Of How “Legal” Marijuana Use Can Cause Serious Trouble.
Any Marijuana use can create records that can easily be found on the internet by employers, landlords, schools, credit agencies and even banks. And it can result in loss of employment, financial aid, housing and child custody. In many U.S. states, any Marijuana possession arrest can still lead to months or even years behind bars.
- Example 1 – A person worked at a major heath care provider in a state where Medical Marijuana is legal and this person had a legal prescription for Marijuana. They tested positive for Marijuana in a scheduled drug test. They were terminated with just cause. From this company’s perspective it does not matter if the person had a legal medical prescription or not. The company must legally protect themselves from the Attorneys that might rightfully sue them for allowing a person to use an illegal substance, under federal law, and maintain employment.
- Example 2: During college, an individual worked at recreation Marijuana dispensary in Colorado. Upon graduation, this individual was offered a job in California. This individual’s job would require a security clearance. This individual’s security clearance was denied as this person was on a federal database as a known drug dealer based upon his college job. The Aerospace company terminated this individual’s employment with just cause.
- Example 3. A couple was driving from New Jersey to Louisiana with their family. In a southern state, they were involved in an accident. The officer saw a prescription bottle in the woman’s open purse and discovered it was for Medical Marijuana. The driver and the husband were both arrested for possession of Marijuana. The two young children were placed in foster care. Both parents were potentially facing years in jail. The court was lenient and they were just fined and released. However, it took almost 4 weeks to get their children out of foster care as they qualified as unfit parents in that state.
- Example 4. A major trucking company does not allow the use of Medical Marijuana because of the risk of one of there drivers identified as a Medical Marijuana user in a state where Medical Marijuana use is not legal. From their point, the potential liability is too great. Any Medical use of Marijuana is just cause for termination.
Example 5. A Section 8 Federal Government Tenant in Illinois was evicted, along with her whole family, because she was a “Legal” Medical Marijuana user.
The District of Columbia and 10 states — Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont and Washington — have adopted the most expansive laws legalizing marijuana for recreational use. However, no state has decriminalized marijuana at this point.
Most recently, Michigan voters approved a ballot measure permitting adults age 21 and over to purchase and possess recreational-use marijuana. Vermont became the first state earlier this year to legalize marijuana for recreational use through the legislative process, rather than via a ballot measure. Vermont’s law allows for adults age 21 and over to grow and possess small amounts of cannabis. However, it does not permit the sale of non-medical cannabis. Some other state laws similarly decriminalized marijuana but did not initially legalize retail sales.
Most other states allow for limited use of medical marijuana under certain circumstances. Some medical marijuana laws are broader than others, with types of medical conditions that allow for treatment varying from state to state. Louisiana, West Virginia and a few other states allow only for cannabis-infused products, such as oils or pills. Other states have passed narrow laws allowing residents to possess cannabis only if they suffer from select medical illnesses.
When it comes to Off Duty Medical Marijuana Use the states are divided. About a dozen states prohibit employers from discriminating against medical marijuana cardholders or from firing employees for testing positive for marijuana due to off-duty use. Some of these states also require employers to reasonably accommodate an employee who needs medical marijuana to treat a medical condition. An example could be allowing an employee to start work a bit later because that person uses medical marijuana at night to treat glaucoma.
Several other states explicitly allow employers to fire employees for off duty medical marijuana use. Many states don not clearly address the issue of off duty medical marijuana use. Some state courts have sided with the employer by holding that employers can fire employees for off duty use of medical marijuana. If you have questions, you might want to consult an attorney with experience in this matter in your state. You may also want to check
More states have also legalized marijuana for recreational purposes in recent years. However, most of them allow employers to enforce zero-tolerance drug policies and fire employees for off-duty use. Only one state so far, Maine, protects off-duty recreational marijuana used as a Schedule 1 Drug, meaning it’s perceived to have no medical value and a high chance for abuse.
The CSA Schedules puts marijuana in the same category as heroin and a more restrictive category than schedule 2 drugs like cocaine and meth
To learn more, select your state from the list below. If a state is not listed, it does not have a medical or recreational marijuana law that addresses employment.
Learn The Basics From The Experts. Always Test Clean has been focused on teaching people to pass their drug tests for over 20 years. We have seen and heard it all. Because of this unique experience and focus, we are the true experts. With over 100,000 happy customers, you are in good hands with Always Test Clean.
Rely On The Information You Can Trust
How Long Will Weed Stay In Your System For A Drug Test?
Weed Has A Particularly Long Detection Time. Weed tends to stay in your system much longer than most other drugs of concern. For a chronic daily user, weed can stay in your system for well over 30 days and in some cases up to 90 days for a urine drug test. If you have long hair, the hair drug test can detect weed for up to years. To review accurate Weed detection times see How Long Will Weed Stay In Your System For A Drug Test?
Last Updated On