If I Use Medicine, Should I Submit a Urine Test?

You may believe that if you are legally allowed to use medical marijuana, there is no concern about workplace drug policies. However, even though medical marijuana is legal in many states, most employers can still require workplace drug testing. Some still have a zero-tolerance policy regarding cannabis use, even if you use it for a legitimate medical purpose.

The laws related to drug testing and if employers have to accommodate medical marijuana users vary from one state to another. Learn more about these laws and how to protect yourself and your job here.

Employers Have the Right to Restrict Medical Marijuana Use

Even if medical marijuana is legal in your state, you can face consequences if you do not pass a drug test.

Colorado and California are liberal regarding marijuana law. However, there are still no workplace protections for individuals using medical marijuana. In 2008, the California Supreme Court ruled that the medical marijuana law only protects individuals from criminal prosecution and does not extend to workplace consequences. The Colorado Supreme Court has ruled that employers have the right to fire workers for the off-duty use of medical marijuana.

Only a few states that have legalized medical marijuana have protections in place for workers. In these states, it is illegal for employers not to hire or fire someone just for using medical marijuana. The exception is if the person is found using cannabis or was impaired by it while working.

What Rights Does Your Employer Have?

In most situations, regardless of if medical marijuana is legal where you are, employers can restrict its use. They can also implement zero-tolerance policies.

The main reason for this is that marijuana is still illegal under federal law. It is classified as a Schedule I substance, reserved for the most dangerous drugs and substances with no acknowledgedmedicinal purpose or value.

While laws vary, most employers can create drug-testing policies that meet their needs. Some employers only require a pre-employment drug test and do not consider the results when deciding whom to hire. Others will only test in cases of “reasonable suspicion” of cannabis use or after a workplace accident. Some workplaces also impose random or regularly scheduled drug testing, which you must comply with even if you are medically approved to use cannabis.

When Will You Fail a Marijuana Drug Test?

If you used medical marijuana within two months, you might fail a drug test. This is because employers use different tests to measure what is in your bloodstream.

Urine analysis is the most common test used by employers. It can measure compounds in marijuana for several days or weeks after use.

Your Legal Rights and Options

If you use medical marijuana and believe you have been penalized by your workplace unfairly, contact us. We can help defend your rights and explain how the law applies to your situation. Our legal team has years of experience handling these cases and helping medical marijuana users with their legal issues.