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Can Medical Marijuana Get You Fired?

What is Medical Marijuana?

Medical marijuana is the use of the marijuana plant or its chemicals to treat a medical condition or to relieve symptoms. It is legal in some states in the United States, but it is still illegal under federal law. Medical marijuana is used to treat conditions such as chronic pain, cancer, epilepsy, and multiple sclerosis.

Can You Be Fired for Using Medical Marijuana?

The answer to this question is not straightforward. Whether or not you can be fired for using medical marijuana depends on the state you live in, your employer’s policies, and the job you do. Some states have laws that protect employees who use medical marijuana, but others do not.

State Laws

As of 2021, 36 states and the District of Columbia have legalized medical marijuana. These states have laws that protect employees who are registered medical marijuana patients. For example, in Arizona, employers cannot discriminate against their employees who are medical marijuana patients unless it would cause the employer to lose a federal contract or funding. In Connecticut, employers cannot discriminate against employees based on their medical marijuana use as long as it does not affect their job performance.

Employer Policies

Even if your state has laws that protect medical marijuana patients, your employer may still have policies that prohibit the use of marijuana, even for medical purposes. Employers can prohibit the use of marijuana on their premises and while on duty. Employers can also test for marijuana use and terminate employees who test positive. It is important to review your employer’s policies before using medical marijuana.

Job Requirements

The job you do can also determine whether or not you can be fired for using medical marijuana. Jobs that require the operation of heavy machinery or that have safety-sensitive duties may prohibit medical marijuana use. The use of medical marijuana can impair the ability to perform certain tasks, and employers have a responsibility to protect their employees and customers.

Examples of Jobs with Safety-Sensitive Duties

  • Commercial driver
  • Pilot
  • Train operator
  • Construction worker
  • Air traffic controller
  • Firefighter
  • Police officer

What Should You Do?

If you are a medical marijuana patient and are concerned about being fired, there are a few things you can do. First, review your state’s laws to see what protections you have. Second, review your employer’s policies to see if they prohibit the use of medical marijuana. Finally, consider speaking with your employer and discussing your medical condition and how it may affect your job performance.

Tips for Discussing Your Medical Condition

  • Be honest and transparent
  • Explain how your medical condition affects your job performance
  • Discuss any accommodations you may need to perform your job

Conclusion

Medical marijuana can be a useful treatment for many medical conditions, but it is important to understand the laws and policies surrounding its use. Whether or not you can be fired for using medical marijuana depends on a variety of factors, including your state’s laws, your employer’s policies, and the job you do. If you are a medical marijuana patient and are concerned about being fired, it is important to review your legal protections, your employer’s policies, and to discuss your medical condition with your employer.

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