Many states are now legalizing the use of cannabis for medical purposes. And some employers may choose to exclude medical cardholders from drug tests. Medical card and drug tests are becoming more and more popular, as people want to ensure that they are taking the right actions for their health. This is especially important as we live in a world where so many diseases are caused by our own actions.
Can employers, make medical marijuana users take a cannabis drug test? It depends. In this article, we will focus more on medical cards and drug tests.
Marijuana is illegal under federal law. This means federal employees may choose to drug test medical cardholders.
Federal and State Drug Testing Laws
Medical card and drug tests are common in federal government industries. Employees are subject to random drug screening by their employers.
Some companies not under the Federal government may choose to not drug test medical cardholders. Nonetheless, some state and local authorities have laws enforcing drug testing.
It’s the right of employers to drug test employees to maintain a drug-free workplace. Some companies include drug tests as part of their policies. Applicants and employees must agree to these drug testing policies before working.
Drug Testing of the Medical Marijuana Patients
Drug testing for marijuana patients still faces a lot of complexities. Particularly in states with legal medical or recreational cannabis. Should medical cardholders undergo drug tests? Individuals with medical marijuana cards can be drug tested. However, this will depend on the state’s law. Medical and recreational marijuana laws can vary from state to state.
Also, employee protection laws vary from state to state. In some states, employers can deny medical marijuana for safety. In other states, medical marijuana patients face some protection from employers.
A medical marijuana cardholder may lose his job because of a positive drug test. Therefore, such a person faces discrimination. The high cost of drug tests also makes some employers choose to accept medical marijuana patients.
Some employers follow federal regulations to constantly monitor drug users in the workplace. This is common in jobs that require high safety measures like pilots. In such scenarios, there’s no legal reason to fire an individual who fails a drug test even with a medical marijuana card. However, if the employer doesn’t follow federal law, he can fire the employee who tests positive.
Talking about the Discrimination?
The laws for protecting workers from discrimination in the workplace are gradually gaining ground. However, we need more efforts to deal with the discrimination against cannabis workers.
In states where medical marijuana users have priority, an employer won’t sack an employee for a failed drug test. This is possible if the worker has a clean record. However, an employee may lose his job if he uses marijuana to be absent from work.
Final Thoughts
Medical marijuana users should conduct research on their state laws. This also includes laws relating to employers’ drug testing policies. Medical cardholders are not immune to legal issues that come from using cannabis at the workplace.
In conclusion, there’s an increase in the number of medical marijuana cardholders. Therefore, the state needs to develop new policies to support those who use cannabis medicinally. There’s also a need to prevent discrimination at the workplace.
