Even the very limited number of Texas residents who use medical cannabis have no legal protection when it comes to being denied or fired by private employers as a result of a positive drug test. Texas law allows private employers to develop their own drug and alcohol policies. Unfortunately, even in states where medical marijuana is legal, being a cardholder can hurt your employment prospects. Although legislation is slowly advancing in favor of medical marijuana patients, “the current ban on marijuana under federal law requires some workers to urinate clean, no matter what happens.
No employer may fire, threaten, refuse to hire, or discriminate against or retaliate against an employee in relation to an employee's compensation, terms, conditions, location, or privileges solely on the basis of such employee's status as an individual certified to use medical marijuana. Nothing in this law will require an employer to make any adjustments to the use of medical marijuana on the property or facilities of any place of employment. This law will in no way limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position. However, the employer must participate in an interactive process and, where appropriate, accommodate medical marijuana users under state disability discrimination laws: 21 V, S, A.
While Vermont medical marijuana laws do not require employers to tolerate the use or possession of marijuana in the workplace, the laws do not allow employers to discriminate against disabled applicants or employees who use medical marijuana outside of work to treat their disability. Remember that Vermont issues medical marijuana cards only to people certified as “debilitating.”. In many cases, such conditions count as legally protected disabilities under the VFEPA. The Americans with Disabilities Act is a federal law that requires employers to provide reasonable accommodations to qualified employees with a disability.
However, the ADA does not require employers to consider illegal drug use. While medical marijuana is legal in many states, it is still illegal under federal law. As a result, employees who use medical marijuana for a disability are not likely to be entitled to accommodations under the ADA. Companies in states where marijuana use is legal, whether for medical or recreational purposes, should not take adverse action against a candidate without consulting an attorney.
Ten States Have “Compassionate Care” Statutes That Allow Marijuana to Be Used for Medical Reasons. Under these laws, employers generally can't disqualify someone from work because that person tested positive for marijuana. But you don't have to worry about a potentially positive marijuana test, as long as you're not applying for government-regulated, law enforcement, government, or safety-sensitive job, such as a nurse, child care worker, heavy equipment operator, or hazardous materials technician. As long as your medical marijuana license is valid, a positive test should not affect your chances of getting a job.
Police officers, sheriffs, deputy sheriffs and agents of the Oklahoma Medical Marijuana Authority are prohibited from obtaining a medical marijuana license and, by extension, subsequent labor protections. This means that an employer can still request a drug test, whether or not they have a medical marijuana license. As a result of Oklahoma's Patient Protection and Medical Marijuana Act, Oklahoma residents with MMJ licenses have specific protections against adverse labor actions. As a result, it is now medicinally legal in 33 states, where eligible patients can receive state-issued medical marijuana cards based on a doctor's recommendation.
This chapter does not affect the ability of employers to enact and enforce workplace policies that restrict employee use of marijuana or to discipline employees who are under the influence of marijuana in the workplace. As a result, even legal users of medical marijuana can face the long arm of the law and face some of the negative consequences of obtaining a medical card, such as not being able to own a firearm or working for the federal government. Since medical records are potentially lucrative products on the Dark Web, this is a great way to find out if a background check will reveal your medical marijuana status. But more recent cases, including in the Supreme Court of the state of Rhode Island and in federal courts in Connecticut and Massachusetts, have reversed this trend by ruling in favor of employees who used medical marijuana.
HOWEVER, they do consider working under the influence of THC to be negligent, so if there is any suspicion of such activity, for medical use or not, they CAN order drug tests and request medical records. However, according to the law, some state employees are prohibited from receiving a medical marijuana license and, therefore, labor protections. Under HIPAA legislation, the same criteria apply to medical marijuana as to any other prescription drug. Getting a job in Oklahoma with a medical marijuana card shouldn't be any different than it would otherwise be.
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