December 12, 2024
Can I Be Fired for Failing a Drug Test After Consuming Medical Cannabis?
Social views on marijuana use have changed markedly since President Nixon famously declared a “War on Drugs” early in his presidency. Even more so with respect to medicinal use, given its efficacy at treating chronic pain, PTSD and a variety of other medical conditions. Today, 36 states and 4 territories have in place laws authorizing the medical use of cannabis products. Despite this sea change, possession of even a small amount of marijuana remains a crime under federal law, punishable by up to one year in prison and a fine of $1,000. The federal Controlled Substances Act contains no exception for medically prescribed marijuana. This discrepancy creates a great deal of confusion in the workplace. Whether or not you may be fired after consuming medical cannabis depends on a variety of factors, including if you fail a drug test.
Understanding the legal implications of holding a medical marijuana card is crucial. Whether or not an employee can be terminated for using medical marijuana often depends on state laws and employer policies.
Understanding Medical Marijuana Laws
Navigating the landscape of medical marijuana laws can be challenging due to significant variations from state to state. While some states have enacted robust protections for medical marijuana patients, others offer little to no safeguards against employment discrimination. This patchwork of regulations makes it crucial for both employers and employees to be well-versed in their specific state laws regarding medical marijuana use.
Take Pennsylvania, for instance. The Pennsylvania Medical Marijuana Act (MMA) provides legal protections for medical marijuana patients, prohibiting employers from discriminating against employees solely based on their status as medical marijuana patients. However, these state-level protections can be complicated by federal laws and private employer policies, which may still pose challenges for medical marijuana patients. Understanding the interplay between state protections and federal regulations is essential for navigating medical marijuana use in the workplace.
Medical Marijuana Patient Protections
Medical marijuana patients often have certain protections under state law, but these protections can vary widely. In Pennsylvania, for example, the Pennsylvania Medical Marijuana Act ensures that patients are not discriminated against solely because of their status as medical marijuana cardholders. However, this does not mean that patients are immune from disciplinary action if their marijuana use negatively impacts their job performance.
For medical marijuana patients, it is crucial to understand their rights under state law and how these rights interact with their employer’s policies. Reviewing company policies on marijuana use and seeking advice from a lawyer or HR representative can provide clarity and help patients navigate potential conflicts. Being informed about state-specific protections and company policies can empower medical marijuana patients to advocate for their rights while maintaining job performance standards.
In what state do you live?
Minnesota and 16 other states allowing medical cannabis consumption prohibit employers from terminating employees who test positive on the job. Minn. Stat. § 152.32, subd. 3(c). The remaining 19 do not. In Minnesota, no employee enrolled in the Minnesota Medical Cannabis Registry program may be fired for a positive drug test for medical cannabis, subject to limited exceptions discussed below. Frequently, Minnesota employees wrongfully terminated for testing positive also will have legal claims under Minnesota’s extremely stringent drug testing law, the Drug and Alcohol Testing in the Workplace Act (“DATWA”), Minn. Stat. § 181.950 et seq. In addition to containing multiple notice requirements, DATWA permits drug tests only under very limited circumstances, including reasonable suspicion of impairment, random testing in “safety sensitive” positions or as part of a drug treatment program.
Are you impaired?
Minnesota’s medical cannabis law exempts participants in the state medical cannabis program who are impaired at the time of the testing, or who use or possess medical cannabis in the workplace. In other words, you can be fired for coming to work under the influence or if you tested positive for cannabis.
Were you tested under a federal drug testing law?
Under the Constitution’s preemption clause, federal law supersedes any conflicting state law. Medical review officers play a crucial role in the drug testing process, especially for medical marijuana patients, by considering both individual medical marijuana authorizations and federal law during evaluations. As a result, the Minnesota legislature included language exempting the job protections found in DATWA and Minnesota’s medical cannabis statute for individuals subject to testing under any federal drug testing law. Examples include interstate truck drivers, dock workers who load interstate trucks, pipeline workers, pilots and air traffic controllers.
Does your employer receive federal grants?
This is a trick question. The answer is it does not matter if the employer receives federal grants or has a federal contract. Minnesota’s medical cannabis law doesn’t apply where applying it would “cause an employer to lose a monetary or licensing-related benefit under federal law or regulations.” Before receiving a federal grant or contract, all private businesses must agree to abide by the federal Drug-Free Workplace Act, 41 U.S.C. § 8101 et seq. (“DFWA”). However, many employers interpret this to mean—and therefore erroneously believe—they must terminate any medical marijuana cardholder who tests positive for a Schedule 1 substance such as marijuana. The DFWA only requires that employers prohibit employees from “engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance” in the workplace. As such, lawful treatment with medical cannabis in one’s home during non-working hours falls outside DFWA’s ambit.
Employers must also consider the rights of medical marijuana users under state law. A positive marijuana drug test can still lead to disciplinary actions, including termination, especially in safety-sensitive positions or where federal regulations apply. Additionally, the use of prescribed medical marijuana in the workplace introduces further legal complexities, as state protections for medical marijuana patients often clash with federal law.
Employer Accommodations for Medical Marijuana Use
Employers may be required to make accommodations for medical marijuana patients, but the extent of these accommodations can vary significantly. In some states, employers are mandated to provide reasonable accommodations, such as modifying job duties or exempting employees from certain drug testing policies. However, these accommodations are not without limits.
Employers are not obligated to accommodate medical marijuana use if it would cause undue hardship or if the employee’s use of medical marijuana prevents them from performing essential job functions. Balancing compliance with state law and maintaining a safe work environment can be complex, often necessitating legal counsel to navigate the gray areas between state protections and federal law.
Recognizing signs of impairment, such as impaired judgment, coordination, or speech, is also crucial for employers. If an employer suspects an employee is under the influence, they should take appropriate disciplinary action while considering the employee’s medical marijuana status and any required accommodations. Understanding the nuances of medical marijuana laws and patient protections is essential for both employers and employees to navigate the workplace effectively.
Contact Our Minnesota Employment Attorneys
If you have any questions about your rights under Minnesota’s medical cannabis or drug testing laws, please contact the experienced employment lawyers at Wanta Thome for a free initial consultation.