Can You Be Drug Tested If You Have a Medical Marijuana Card?

 

The US cannabis industry is fast growing. Many states now have legal cannabis available at dispensaries. Currently, there are about 3.5 million medical marijuana cardholders in the US.

 

While most states provide medical marijuana cards, cannabis is still illegal at the federal level. This brings us to the question can you be drug tested if you have a medical marijuana card? 

 

Many individuals will probably lose their jobs if they test positive for marijuana. However, can a medical marijuana card be an excuse?

 

 

 

Each state has its own rules for medical marijuana cardholders. For instance, some states protect patients in their workplaces. Some states have regulations that protect employees with medical marijuana cards from discrimination.

 

Regardless, most states lack regulations that protect medical cardholders from discrimination.

 

Federal and State Drug Testing Laws

Federal government agencies randomly screen their employees for drugs when hiring.

 

Non-governmental agencies don’t subject employees to routine drug testing. However, some state and local authorities ensure to enforce drug testing.

 

It’s the right of employers to drug test employees. Employers use drug testing to maintain a drug-free workplace. These drug testing policies are part of the agreement between the company and the employee.

 

Drug Testing of the Medical Marijuana Patients

Drug testing employees with medical marijuana cards are huge a debate, particularly in legal marijuana states. These tests are possible because of change in behavior.

 

Should workers undergo tests even with a medical marijuana card?

This will depend on the law in the state at that time. The level of tolerance and acceptance of cannabis at a workplace will vary by state.

 

Also, employee protection laws will depend on your state. Some states give employers the right to deny medical marijuana due to safety reasons. On the other hand, some states protect employers from taking adverse actions on employees.

 

Medical marijuana cardholders lose their jobs because of a positive drug test which is discrimination. Drug testing for cannabis comes with some uncertainties. The difficulty in testing for the amount of THC can lead to issues. Drug testing won’t ascertain if a user was high or not at the moment of testing.

 

Some employers must routinely test for drugs. Employers in fields that require high safety measures like pilots or truck drivers must undergo drug testing. This ensures the safety of passengers. Pilots and truck drivers who are holders of medical marijuana cards have no way out in such situations. According to federal law, the employer has a legitimate reason to fire an employee with a medical card.

 

Bottom line

Medical marijuana users should research their state laws on marijuana use and employer's drug testing policies. A medical marijuana card doesn’t make you immune to the actions of a failed drug test. Knowing your state laws will help you in all activities relating to cannabis.

 

Medical marijuana cardholders need new policies to support them in the workplace. The state needs to implement cannabis laws to prevent against discrimination of workers.