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JustJessica's avatar

Medical Marijuana question... {Details inside}?

Asked by JustJessica (4054points) October 2nd, 2011

When someone gets a medical marijuana card are employers allowed to not hire them, or is that discrimination because of a disability?

Are there certain jobs you wouldn’t be able to get because you have a medical marijuana card?

Does this differ from state to state?

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17 Answers

King_Pariah's avatar

From what I understand in California, you cannot be employed (for certain) by the gov’t, city, state, or federal.

perspicacious's avatar

In California employers are allowed to drug test and if you fail, you are disqualified from employment. It’s only this way with marijuana (as far as I know). Employees can take any other prescribed medication. This is discriminatory. The state legislation has repeatedly had bills to address this presented and voted down. I don’t use pot and I don’t live in California. I do, however, think that if it is legal for a person to use a drug then employment should not be put at risk for using it.

XOIIO's avatar

I agree with @perspicacious Somewhat, however the concern no doubt lies in the fact that marijuana is, to some degree, a hallucinegen, causeing things that are not there to be there, or distorting reality, which would no doubt be a hazard in many jobs.

JustJessica's avatar

You can’t go to work drunk, I don’t think that’s discriminatory, And I wouldn’t want the bus driver that’s driving my children to school to be under the influence of anything, legal (alcohol, prescription drugs etc. ) or illegal.

perspicacious's avatar

@XOIIO That’s no different that any other legal drug that causes side effects. No one is disqualified for testing that shows pain meds in the bloodstream. Having a prescription doesn’t mean one can take that drug while on the job. That’s a given.

XOIIO's avatar

But there are pain meds specially made to reduce side effects. Marijuana is all about the side effects.

perspicacious's avatar

You statement makes no sense. Pain meds are made to reduce pain. Marijuana is prescribed to reduce pain in many instances. It is prescribed for a long list of illnesses and symptoms. The California legislation should be ashamed!!!! If they are going to allow doctors to prescribe marijuana, then the patients who have that prescription should not be fired or refused employment based on a drug test showing marijuana in the bloodstream. PERIOD. That is discriminatory. These patients deserve this protection. Having MJ in the bloodstream doesn’t mean the patient is at work in an altered state—that is a whole other issue.

perspicacious's avatar

@JustJessica Your comment has nothing to do with the OP.

XOIIO's avatar

Isn’t medical marijuana based on the premise that they can use it when theyw ant to? They could light up at work.

JustJessica's avatar

@XOIIO Do you think they should be allowed to light up at work?

XOIIO's avatar

It depends on the job. If they are working machinery or driving, no. If they are just working at macdonalds or a job that doesn’t require loads of concentration, or mental dexterity, why not?

JustJessica's avatar

@XOIIO But who draws that line ??? I’m sure McDonalds wouldn’t want their fry cooks under the influence and hurting themselves or others.
What doesn’t require loads of thought to you might to someone else, especially someone under the influence.

perspicacious's avatar

@XOIIO There are always limitations on when you can use legal medication. The packaging generally tells you what not to do during certain activities. The legislation that didn’t pass addressed this.

Aethelflaed's avatar

While I don’t know about government jobs (because there are often special rules there), employers can hire someone with a mmj card. Mostly, how would they know – many of these databases aren’t centralized, or if they are, they’re only available to certain government personnel; you can’t just walk in and ask if your neighbor or this one guy you’re thinking of hiring is in the database. Employers can, however, not hire you and fire you if you test positive for marijuana in a drug test, even if you have a mmj card and even if you were sober at the time (since marijuana stays detectable in your bloodstream long after the funtimes effects have passed). So, if one is looking for a new job, it’s often advisable to put a pin in one’s pain regime until they’ve been hired.

JustJessica's avatar

I guess what I want to know is do they have to still test clean on a urinalysis even if they have a prescription for marijuana?

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