ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Can I Get Fired for Using Medical Marijuana?

Updated on May 30, 2013
loucouss.be
loucouss.be

Introduction

Although you may be a Medical Marijuana "Card Holder", you DO NOT have the right to job security, regardless of this prescription. Your job security mostly depends on the Employment Papers you signed when you hired into the company. For example, all of my Employment Papers for my company clearly state that no "drug use" is allowed, unless the drug is doctor prescribed. And, according to Judge Jonker; nowhere in Michigan's medical marijuana law does it mandate that employers have to accommodate employees' off-duty use of marijuana.


Do You Feel Medical Marijuana Should Be LEGAL in the Workplace?

See results

FEDERAL VERSUS STATE LAW

“Because federal, as opposed to state, law does not recognize the medical use of marijuana, current use of marijuana, even if permitted under state law and prescribed by a physician, would still be considered illegal drug use under federal law and an employer would be free to fire an employee for that reason,” says a lawyer for the Equal Employment Opportunity Commission (AKA: EEOC).

The main issue here is basically this scenario:

If you are 15 years old and your parents tell you that you are allowed to consume alcohol inside their home, that does not make it LEGAL for you to consume alcohol at an establishment. So, while your parents are you Legal Guradian and allowing the participation of alcohol consumption, the head governing laws state otherwise; and although your parents may be wonderful people, the top-dog still makes the decisions. And in the case of Federal Marijuana Use; the answer is "NO".


Arguments: Medical Marijuana Pro's and Con's

From an EMPLOYERS prespective:

The question has been posed; "Would you rather have your employee on marijuana or pain-killers?" (this is under the assumption that the Medical Marijuana taken by the employee is due to pain-related issues)

My answer: It depends on the pain-killer.

DO YOU USE MEDICAL MARIJUANA?

See results

Michigan Judge Rules in Favor of Employer

According to Court Records, a Michigan Judge ruled in favor of an employer (Wal-Mart) in regard to an employee testing positive for Marijuana Use, even though prescribed Medical Marijuana:

Quote "The fundamental problem with (Casias') case is that the (medical marijuana law) does not regulate private employment," Jonker wrote in a 20-page opinion. "Rather, the Act provides a potential defense to criminal prosecution or other adverse action by the state. ... All the (law) does is give some people limited protection from prosecution by the state, or from other adverse state action in carefully limited medical marijuana situations."

Workplaces That ALLOW Medical Marijuana Use

As of 2012, Connecticut, Arizona, Rhode Island, Maine, Colorado and New York deemed Medical Marijuana use to be fair in the workplace, provided the medical marijuana was prescribed.

But the bottom line here is that, overall, Marijuana use is still illegal under federal law. That includes medical marijuana use.

Some companies, even in the state of Michigan will allow Medical Marijuana use, however it must be proven that the employee is not "under the influence" during work hours.

TELLING YOUR EMPLOYER ABOUT MEDICAL MARIJUANA USE

When applying for a job, the majority of companies have some form of Employee Handbook or materials for you to sign that feature the rules of working at that establishment. Many companies have a drug disclosure policy. This means that if you are taking a drug that would cause you to "test dirty", you can elect to tell your employer (as opposed to being "busted" during a drug test).

Many employers will allow for unpaid time to "get clean" / rehabilitate. But if you have no desire to cease your medical marijuana use, then this option isn't realistic for you.


The decision to tell your employer may be risky. If you are a long-time employee who has proven themselves to be an asset to the company, your employer may elect to keep you on board. However, if the company has a strict no-drug policy, the policy must be enforced.

GETTING FIRED FOR MEDICAL MARIJUANA & UNEMPLOYMENT

Take into consideration the following:

IF you signed any kind of documentation upon hiring, or even a New Policy Update after you were hired in that states that drugs, including Medical Marijuana are not tolerated and users will be terminated,

THEN you test positive for marijuana...

YOU CAN NOT FILE FOR UNEMPLOYMENT.

Unemployment cases in which the employee was *rightfully* terminated for refusal to abide by policy alleviate the employee of the ability to collect unemployment.


Marijuana VS Medical Marijuana Video

Is Marijuana Addictive? Video

loucouss.be
loucouss.be

Comments

    0 of 8192 characters used
    Post Comment
    • profile image

      Johna145 

      5 years ago

      I would definitely not recommend these as ways to break the ice however. gcbeecacbede

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)
    ClickscoThis is a data management platform studying reader behavior (Privacy Policy)