Although millions of people across the country now use medical cannabis, there are still those who don’t apply for medical cannabis cards despite the fact that access to THC medications could really help them. I don’t know all the reasons, but I think it is reasonable to assume that one of them is fear. For example, a patient might be afraid that getting a medical cannabis card could jeopardize his employment. Could it?
The employment question is not a simple one to answer. It requires looking at the difference between public and private sector employment. It also requires looking at state laws regarding both employer and employee rights. The best advice any person could receive is to check state law before applying for a card.
Medical Cannabis Cards and the Public Sector
The easiest part of this topic to understand is how medical cannabis cards are viewed in public sector employment. A number of states with legal medical cannabis have enacted laws protecting public sector workers. According to BeehiveMed out of Salt Lake City, Utah is one such state.
Utah had no employee protections in place when its medical cannabis program launched in 2020. But a few years later, a firefighter was threatened with the loss of his job when it was revealed that he had a valid medical cannabis card. He took the case to court and ultimately won.
As a result, state lawmakers passed legislation forcing public sector employers to treat medical cannabis like any other prescription medicine. The law, which was signed by the governor, now stipulates that medical cannabis users cannot be discriminated against in any way. As long as a public sector worker can still function up to standard, consumption of medical cannabis on his own time should have no bearing on his employment.
Medical Cannabis Cards and the Private Sector
Not all states have employee protections in place for public sector workers. None have them in place for private sector workers. That’s because owners of private sector businesses are allowed under federal law to set their own drug use policies. The states cannot override federal employment law in this regard.
In essence, private employers can decide for themselves that they do not want people who use medical cannabis working for them. They are allowed to establish their own drug-testing policies. They may decide how to respond when a positive drug test comes in. Private sector employers are not compelled to continue offering employment to people who use cannabis for any purpose.
They also are not compelled to hire new employees whose drug tests reveal cannabis consumption. A private-sector employer has the right to determine who will and will not work for it. That is just the way it goes.
Certain Types of Jobs Are Completely Off Limits
Certain types of jobs are completely off limits to medical cannabis users. At the top of the list is law enforcement. Any law enforcement job requiring a person to carry weapons (think firearms, here) also comes with a requirement to stay away from all illicit drugs. So even though a Utah firefighter can use medical cannabis, a Utah police officer cannot.
Also off limits are pilot and truck driver jobs. Both are regulated by the federal government. Both types of jobs require regular mandatory drug screening, including screening for cannabis. Medical cannabis users cannot hold either of these two jobs.
Will getting a medical cannabis card affect your employment? That depends on the work you do and the laws in your state. Tread lightly if your employment is at risk.
