Today I am going to answer the question about whether or not you can discriminate against somebody that holds a medical marijuana card and tests positive for cannabis in their system.
Federally, it is not protected to have a medical marijuana card because marijuana is still prohibited under federal law.
There are some states across the country, however, which have passed marijuana laws within their states. This means that if you are in a state where marijuana is legalized, from a medicinal perspective, you cannot discriminate against them if they test positive on their drug test prior to employment.
“Federally, it is not protected to have a medical marijuana card because marijuana is still prohibited under federal law.”
This does not mean that you can’t do anything, or have any actions that you can take. If they are impaired on the job or bring any type of paraphernalia on company property, you are allowed to do something. If the job is a position in which there may be a safety issue or, as an organization, you could lose federal benefits, you can also act.
If you have any further questions, please contact me. If I am unable to answer your specific question, one of our attorneys that specializes in the area may be able to help. I look forward to speaking with you.