MMJ and discrimination?

[MaryLane]

If you are in a state that has legal medical marijuana, and you have a doctor's recommendation for it (and the accompanying MMJ card/paperwork whatever is required for you to legally smoke pot) can a job decline to hire you if you fail a drug test due to cannabis? I was told that here in California all you have to do is show your MMJ card and it is illegal for them to discriminate against you for it.

MaryLane Reviewed by MaryLane on 08-24-2007. MMJ and discrimination? If you are in a state that has legal medical marijuana, and you have a doctor's recommendation for it (and the accompanying MMJ card/paperwork whatever is required for you to legally smoke pot) can a job decline to hire you if you fail a drug test due to cannabis? I was told that here in California all you have to do is show your MMJ card and it is illegal for them to discriminate against you for it. Rating: 5

[ismokealldaylong420]

well i would hope youd still be able to get a job why do you have the mmj

[MaryLane]

I do not have it yet. I don't have enough money to get one because I haven't found a job. My spouse is currently working and it is enough to cover our bills, sort of, but little else.

As soon as I can, however, I am getting one. I have some mild to moderate anxiety problems that pot really helps with. I also have insomnia and very mild sleep apnea (believe it or not, the pot really helps with the sleep apnea). Also, I have degenerative disc disease and this has caused sciatica. I have medical records for all of this.

Ironically, when I was living in the south, in a state that has rather harsh marijuana laws, I went to a doctor about the anxiety. After he prescribed me some Fluoxetine and Klonopin, he said "Off the record, do you use any drugs?" I think he wanted to know if I used cocaine or any uppers, which could obviously cause anxiety. I said I only used marijuana and that it helped. He laughed and went "well, all I can say is that it is probably helping you a lot and I see no reason to stop". I think if he'd been in a different state he'd have prescribed me marijuana then and there. Very cool, very kind doctor.

well i would hope youd still be able to get a job why do you have the mmj

[Matt the Funk]

Nope. Nothing under the law saying it's illegal to descriminate. Luckily my boss smokes weed non-medicinally, although I can tell he is using it medicinally but doesnt even know it, and there is no drug testing.

[MaryLane]

The person who told me is a general manager of a very large chain of businesses. He said when he is doing hiring, if someone shows him a 215, he cannot discriminate against them if they pop positive for cannabis. Maybe this was just a company policy... I'm not sure, that's why I asked.

Thanks!

Nope. Nothing under the law saying it's illegal to descriminate. Luckily my boss smokes weed non-medicinally, although I can tell he is using it medicinally but doesnt even know it, and there is no drug testing.

[Nailhead]

It is up to the employer if they want to recognize state law, or federal law, there is nothing written in Prop 215 that protects medical users from employment drug tests, and even if there was such a thing, the employer could simply say that it is illegal federally so they won't recognize Prop 215. Right now you are probably thinking, "That's bullshit, we voted this in!!" and I would completely agree with you, it is bullshit, however, that doesn't mean you can't still go medical.

You could talk to an employer about this and ask what they would do, this is probably the best route however you might not get the job if they end up siding with federal law and sticking to their no drug policy. I sure as hell would never tell my employer because I already know the answer, so if you do as I am, make sure you read up on how to pass a drug test. There are some very helpful topics on this board for that.

And on a side note, keep in mind the same works if you are renting an apartment, you could be evicted if your landlord finds out and is against medical marijuana, just thought I would toss that out in the open.

Good luck!