As medical and recreational cannabis laws continue changing across the states, understanding your rights as an employee or employer can feel overwhelmingly complex. While medical or recreational marijuana may be legal in your state, that doesn’t necessarily mean you can use it at work without consequences. So, can an employer deny employment for medical marijuana use?
At LeafMed, a leading Mississippi medical marijuana dispensary, we want to help you learn the ins and outs of the laws surrounding marijuana legalization, cannabis health benefits, and more. Below, we discuss everything you need to know about medical marijuana in the workplace.
How Medical Cannabis Laws Affect the Workplace
Medical cannabis laws fall into a few major categories across states: illegal, medically legal, and recreationally legal. Some states with medically legal cannabis give patients a few protections to improve access and availability to the substance.
While medical cannabis is legal in 38 states, only about half of these jurisdictions offer some form of anti-discrimination protective policy for medical cannabis patients. Only a handful of states require employers to make accommodations for medical marijuana patients.
Below, we will discuss how medical cannabis laws affect the workplace in states like Mississippi, where the Mississippi Medical Cannabis Act does not include anti-discrimination policies. Most medically legal states follow similar rules, though you should research requirements in your state for more specific answers.
Can an Employer Deny Medical Cannabis Users?
So, can an employer deny employment for medical marijuana use, even in a legal state? Yes, employers maintain full jurisdiction over whether they wish to hire medical cannabis patients at their facility. Employers can facilitate drug testing upon hiring to narrow candidates, even in medically legal states.
Only a few states, like Nevada and Indiana, offer protections for medical cannabis patients that override employer barriers. In such states, you may be able to get hired as a medical cannabis user, though you may not be able to perform all job functions.
Can Employers Still Enforce Drug Tests?
Yes, employers still have the right to enforce a drug-free workplace through drug tests. You may have to take a drug test for marijuana, even in a legal state. Employers have the right to refuse to hire, discipline, and fire any employees with positive drug screens for marijuana.
Only a few states have banned pre-employment drug screening, including New York and Nevada. The laws still include numerous complex exceptions that allow employers to screen in certain scenarios, so patients should research information in their area.
Do Employees Have the Right To Use Medical Marijuana at Work?
Whether or not employees have the right to use medical marijuana at work is a bit unclear as federal and state laws contradict here. Most state laws give employers full discretion, meaning employees do not have to receive accommodations for their medical cannabis needs.
With that being said, some argue that the Americans with Disabilities Act (ADA) contradicts this statement. Theoretically, some medical cannabis patients may qualify as “disabled” according to the ADA, meaning their employers are federally required to provide them with accommodations, allowing them to use medical marijuana. You should consult your local laws and employer to learn more.
Can Employees Sue Employers for Not Allowing Medical Marijuana?
Mississippi law protects employers from lawsuits regarding cannabis-related discrimination in the workplace. How the law affects patients with FDA-approved cannabis drugs and those with qualifying disabilities is still unclear. In most cases, employees cannot sue employers for not allowing medical marijuana use, though exceptions may arise with federal public health or safety concerns.
Continue Learning About Medical Marijuana With LeafMed
So, can an employer deny employment for medical marijuana use? In most cases, yes, though it depends on your state. Continue learning about medical marijuana with our guide on the question, “Can you get a medical marijuana card while on probation?” then visit a local Mississippi LeafMed or call us, (228) 382-5323, with any questions.