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If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Discussions relating to Drug Laws

If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Postby chen12 » Sun Dec 18, 2011 3:18 am

An employment agency in Oregon said that the State of Oregon classifies Medical Marijuana as a Drug and the company supports a Drug Free Work Zone. She said the card is not a perscription. But I needed MD records to qualify for the card in the first place. I thought it was the company's own policy; but they said its due to State laws.
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If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Postby colum » Sun Dec 18, 2011 3:22 am

An employment agency in Oregon said that the State of Oregon classifies Medical Marijuana as a Drug and the company supports a Drug Free Work Zone. She said the card is not a perscription. But I needed MD records to qualify for the card in the first place. I thought it was the company's own policy; but they said its due to State laws.
http://www.oregon.gov/DHS/ph/ommp/top20.shtml#15

15) What should I tell my employer if I am subjected to a drug test?

The Oregon Medical Marijuana Act states that employers are not required to accommodate employees who use medical marijuana. You may wish to consult an attorney about whether or not to tell your employer that you are a patient in the OMMP. A patient may contact the OMMP in writing to ask the Program to release information about the patient’s registration to an employer.


Had prop 19 passed in Cali it would have protected smokers from being fired for a positive test but allowed companies to discharge a worker who worked under the influence.
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If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Postby muireach » Sun Dec 18, 2011 3:32 am

The drug free workplace laws in most states is run by the workers compensation commission. It includes other legal drugs as well. Unfortunately for the pot heads out there there is no test like a Breathalyzer for alcohol that will tell you if the person is under the influence at that moment.

Also, it is still a violation of federal law.
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If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Postby cumhea » Sun Dec 18, 2011 3:33 am

Smokers (tobacco smokers) have been denied employment at hospital jobs before. Smokers are not a protected class.

In short, it is legal to deny you employment for marijuana, as it is not a completely legal prescription.
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If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Postby caomh » Sun Dec 18, 2011 3:54 am

Unfortunately many people have been fired or denied employment due to using medical marijuana and sadly it's perfectly legal. Recently a cancer patient who worked at Walmart was fired because he used medical marijuana which he was legally allowed to do.
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If you test positive on a Drug Test and HAVE a Medical Marijuana card; should employers deny you employment?

Postby baigh75 » Sun Dec 18, 2011 4:01 am

It depends on the company. But try telling them you have a card beforehand.
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