It is an understatement to say that the medical cannabis landscape in the U.S. is complex. There are so many differences between federal and state laws that patients can have trouble keeping up. For example, what are a medical cannabis patient’s rights regarding employment and the workplace?
Here’s the general rule: while possessing a medical cannabis card authorizes patients at the state level to purchase, possess, and consume medical cannabis products, card possession does not equal blanket protections in the workplace. A worker’s rights are subject to state laws governing both public and private employment.
Federal Jobs and Drug Testing
Marijuana’s designation as a Schedule I controlled substance makes it illegal under federal law. According to the letter of the law, no federal employee can use medical cannabis even with a state-issued medical card. Cannabis is simply off limits. As for enforcement, that’s another issue.
Federal jobs requiring random drug testing are jobs medical cannabis users should stay away from. But where drug testing isn’t required, I would guess some employees are willing to take their chances.
The types of jobs for which medical cannabis could prove dangerous include truck driver, pilot, air traffic controller, and federal law enforcement agent. You can bet that all jobs of this nature require regular drug testing.
State-Level Jobs
State-level jobs are a bit different. In states where medical cannabis is still outlawed, public sector workers are barred from using cannabis. But the states with legal medical cannabis might offer some level of protection for public sector employees. Let us look at Utah.
The experts at BeehiveMed, a medical cannabis card organization serving patients in Brigham City and Salt Lake City, explains there were no workplace protections in place when the Beehive State first implemented its medical cannabis program. That has since changed. Visit BeehiveMed
Thanks to a high-profile case involving an Ogden firefighter, lawmakers amended state law a couple of years ago to provide limited protections for public sector employees. State employers must now treat medical cannabis like any other prescription drug. Employees cannot be discriminated against for possessing a medical cannabis card or using medical cannabis away from work.
Public sector employees are allowed to restrict medical cannabis consumption for safety reasons. For example, the firefighter at the heart of the court case cannot use medical cannabis while on duty. Doing so would present a safety risk.
Medical Cannabis and Private Employment
Any state-level protections applying to public sector workers generally don’t apply in the private sector. Only a few states have made efforts to protect privately employed workers. Most of the states continue to allow private employers to maintain drug-free workplace policies.
If a private employer decides to test for cannabis, that is the company’s right. And if a company’s policies call for dismissal or other penalties upon a positive test, such policies are also within the private sector’s rights.
It should be noted that constitutional rights are treated differently in the public and private sectors. The Second Amendment guarantees the right to keep and bear arms in public spaces. But private property owners also have the right to ban firearms on their properties. It’s the same sort of thing with medical cannabis.
Know the Laws in Your State
If you use medical cannabis, it’s in your best interests to know the laws in your state. How the law applies to your job and workplace rights could end up dictating your employment choices. You may have rights under public sector employment but not private sector. It’s up to you to figure it out so that you can make wise decisions.
