Can a work place refuse to hire me because I have a medical marijuana liscence and I cant pass a drug test?

Question

I wonder if that falls under a type of discrimination? I have had my medical marijuana prescription for a year, and was told by a company that the will not hire me because I use medical marijuana. I only smoke at night and never during the day, so I will never go to work high, and they still refuse to hire me.

Answer 1

Sounds like you have stepped on a technicality predicament, and it really depends on how far you want to take it, and how much you want to invest.

The case could really be made for either direction, but... The employer CAN refuse to hire you if you fail the drug test because it's usually in their contract that employment is dependent on passing said test. Even though you have a license for medical MJ, and state law may allow it, it is still illegal under Federal Law.

The company also is trying to protect itself and it's other employees from financial harm as well. If you were to have an accident on the job, and injure another employee, you would be screened for drugs, and the MJ would show on the test. In such a circumstance, a lawyer could then argue a case against the company that that company knowingly allowed you to work there, even though you were using 'illegal' substance.

So, if you've got some money to burn on a lawyer, you could try to sue, but you're really gonna have to pony up for that, and I personally don't think you could win the case. Otherwise, I'd recommend moving on to the next job. Good Luck.

Answer 2

technically speaking, that would be discrimination. If you have showed him your license then he would have to find another reasonable basis for not hiring you. My suggestion is get a lawyer and set up a meeting with this employer and discuss your options. Besides, unless you're doing construction or some other dangerous/life saving job, then I don't think marijuana affects job performance. You'd probably work better high.

Answer 3

Sounds like discrimination to me. You have a medical treatment that is helped by marajuana....you should not be treated any different if you was taking pills. Some pills have worse effects on people than marajuana! I'd do a free consut with a good attorney. It's also possible the job may have certain demands that the marajuana may impare you from doing? Look at the whole picture but also talk to a laywer. Good Luck!

Answer 4

It's possible that if a job required one to be mentally alert and they were on a medication that affected that, they could legally say no. Just like a deaf person would have a really hard time getting a phone customer service job. Or someone in a wheelchair couldn't get a job as a ball-boy.

Answer 5

I would think they probably can, but it does appear to be discriminitory.

I would think it's similar to alcohol..You're 21 but you don't drink at work. In the morning you would likely fail a breathalyzer but you drank the night before.

The disabilities act says that employers will make "reasonable accomodations" for the disabled.

Answer 6

Good question...It sounds like it would be discrimination sisnce it is a medical condition which you take it for in the first place.....GOD I wish I had you medical problems

Answer 7

They can refuse to hire you if they felt that any medications you take would interfere with your job.

Answer 8

That sounds like discrimination to me! Are you sure you want to work for this company? They seem VERY uptight.

Answer 9

absolutely not as long as you have a prescription for that and you can have it verified by your dr. they cant turn you away!!!!!!

Answer 10

If you have proof that you have insureance and that you can show than they cant do that