Which Jobs Can You Not Get With a Medical Marijuana Card in the U.S.

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Written By Steve Brandon

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January 7, 2025

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professionals restricted by medical marijuana card with mmj card in background and ? marks on them

Having a medical marijuana card shouldn’t automatically impact your employment. However, the reality is more nuanced. Testing positive for cannabis or refusing to take a drug test could lead to consequences depending on state laws, company policies, and the nature of the workplace. Legal protections for medical marijuana users differ significantly from state to state, creating a legal gray area for employees and employers alike.

The Legal Gray Area of Medical Marijuana in the Workplace:

Medical marijuana legalization has been transformative for patients seeking alternative treatments for various conditions. However, cannabis remains illegal under federal law, leaving a gap in nationwide workplace protections. This disparity means that while some states have implemented laws protecting medical marijuana cardholders, others provide little to no safeguards.

Consequently, the outcome of a positive drug test isn’t always predictable and can impact job security or lead to disciplinary action.

Apply your Medical Cannabis Card Online

usa map showing states with workplace protections for medical marijuana

States That Protect Medical Marijuana Patients in the Workplace

Some states provide legal protections to medical marijuana cardholders in the workplace. These states include:

In these states, employees may have legal recourse if they face discrimination based solely on their medical marijuana status. For instance, some states prohibit employers from dismissing employees based on a single positive drug test if the employee holds a valid medical marijuana card. However, protections vary and often depend on the specific circumstances and local regulations.

Employer and Workplace Medical Cannabis Policies:

Employers typically maintain drug-free workplace policies, regardless of state laws. Here are some key considerations:

Federal Workplaces: Federal contractors with contracts exceeding $100,000 must implement drug-free workplace policies. Employees in these workplaces are subject to federal laws, where cannabis remains prohibited.
Private Companies: While private employers aren’t required to conduct drug tests, many choose to. Employers may develop their drug policies, including pre-employment, random, or post-incident drug testing. It’s crucial to understand your company’s stance on medical cannabis to ensure compliance.

Are Medical Marijuana Patients Exempt From Drug Tests?

No, medical marijuana patients are not exempt from drug testing. Whether you test positive and face consequences depends on your state’s laws and workplace policies. For instance, in some states, employers must accommodate medical marijuana use outside of work, while others allow termination for any positive test result.

workplace limits for professionals using medical marijuana infographic

What workplace restrictions do professionals face due to medical marijuana use?

Jobs Impacted by Medical Marijuana Use:

Police Officers: Must follow federal and state laws; federal law bans cannabis users from owning firearms. Many departments enforce zero-tolerance policies.
Firefighters and EMTs: Due to emergency responsibilities, there are strict on-duty and off-duty restrictions. Off-duty use can pose risks during unexpected call-ins.
Federal Employees: Prohibited from cannabis use under the Drug-Free Workplace Act.
Healthcare Professionals: Subject to strict workplace policies and licensing restrictions.
Transportation Workers: Federally regulated jobs (e.g., CDL holders) prohibit cannabis use.
Aviation Personnel: Pilots and flight attendants face federal bans on cannabis use.
Educators & Childcare Workers: Schools and childcare facilities enforce strict drug-free policies.

teacher confused about medical marijuana card policies in workplace

Does Your Role as a Teacher Affect Medical Card Rules?

Private school teachers may face different rules regarding medical marijuana use.

If the school doesn’t rely on federal funding, medical marijuana might be allowed, but state laws also matter. For example, schools in states without medical marijuana programs are unlikely to permit its use.

Professors at private colleges may also be allowed medical marijuana, but use is typically restricted to home and prohibited on campus. Recreational marijuana is often not permitted, even if medical use is allowed for certain health conditions.

Always check your school’s policies before using medical marijuana. Some private schools enforce drug-free workplace rules, including random drug tests. A positive result could lead to penalties or job loss.

Should You Tell Your Employer About Your Medical Marijuana Card?

The decision to disclose your medical marijuana card depends on your state’s laws and workplace environment. Here’s a guide to help you decide:

In Protective States: If your state provides legal protections for medical marijuana users, disclosure could be advantageous. Being upfront may foster trust and transparency.
In Non-Protective States: If your state doesn’t safeguard medical marijuana patients, it may be wiser to keep this information private unless necessary. Always avoid falsifying drug test results, which could result in immediate termination.

Can You Be Denied a Job for Having a Medical Marijuana Card?

In most cases, you cannot be denied employment solely for being a medical marijuana cardholder. However, revealing this information during hiring might influence an employer’s decision. It’s best to focus on your qualifications and avoid discussing your card unless it becomes relevant.

Can Employers Access Your Medical Marijuana Card Information?

No, employers cannot access your medical marijuana card information without your consent. While they may require drug testing, your medical records are protected by privacy laws. You’re not obligated to disclose your card unless you choose to share it.

Protections Under the Compassionate Use Act

The Compassionate Use Act ensures that employers cannot penalize employees solely for holding a medical marijuana card. Your card alone cannot lead to termination, hiring refusal, or discrimination. However, workplace performance and compliance with company policies remain critical.

image of a medical marijuana card from mymmjdoctor with the heading 'want access to marijuana mmj card' and a button that says 'apply today'

Getting a Medical Marijuana Card the Right Way

Choose a Legitimate Provider: Obtain a medical marijuana card from a trusted provider, such as MyMMJDoctor, to avoid potential legal or regulatory issues.
Consult with Licensed Doctors: MyMMJDoctor connects individuals with certified doctors who evaluate eligibility for medical cannabis as a treatment option.
Make Informed Decisions: With expert guidance and education, MyMMJDoctor ensures confident process navigation, leading to improved healthcare outcomes.

Conclusion

Having a medical marijuana card offers many benefits for managing health conditions, but it’s essential to navigate employment carefully. By understanding your state’s laws, your employer’s policies, and your rights as a medical marijuana patient, you can make informed decisions and protect your career. Always prioritize transparency and compliance to maintain a positive relationship with your employer while advocating for your health needs.

FAQs

What jobs can you not get with a medical marijuana card?
Jobs with strict drug-free policies, such as federal jobs, safety-sensitive roles (e.g., police officers, firefighters, EMTs), and positions governed by the Drug-Free Workplace Act, often restrict medical marijuana use. These policies apply regardless of state laws.

Can Police, EMTs, and Firefighters Use Cannabis?
Police, EMTs, and firefighters may face restrictions on cannabis use due to state laws, workplace policies, and federal regulations. Always check local rules and job requirements.

Does having a medical marijuana card affect employment?
Yes, it can. Some employers may have policies that lead to consequences for medical marijuana users, especially in states without workplace protections. It’s important to review your employer’s policies and state laws.

Can teachers have medical cards in Florida?
Yes, teachers in Florida can have medical marijuana cards, but using medical marijuana depends on school policies and state laws. Public school teachers face stricter rules due to federal funding.

What jobs allow you to have a medical marijuana card?
Jobs in industries like tech, creative fields, and non-safety-sensitive roles often allow medical marijuana use, provided it does not interfere with job performance or violate company policies.

Get Your Medical Marijuana Card Online