Can I be fired because I use medical marijuana for a disability?

Some states protect off-duty use of medical marijuana, but others do not.

By , J.D.
Need Professional Help? Talk to an Employment Rights Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question: Can You Be Fired for Using Medical Marijuana?

I have glaucoma, and my doctor gave me a prescription for medical marijuana to help me control my eye pressure. I use marijuana on the weekend and two evenings per week; I never use it during the work day or before work. I'm up for a promotion at my job, but my employer requires drug testing for this position. If I test positive for cannabis, can my employer use it against me?

Answer

It depends on what state you live in. About a dozen states with medical marijuana laws include protections for employees' off-duty use with a valid prescription, as long as they don't show up to work under the influence of marijuana. In these states, employers cannot fire medical marijuana users based solely on a positive drug test. The employer would need some evidence that you were under the influence of marijuana at work or during work hours.

The other half of the states with medical marijuana laws either specifically allow employers to fire employees for off-duty use or don't clearly address the issue. In states without a clear directive, courts often (but not always) side with the employer. For example, courts in California, Colorado, and Oregon have all held that employees may be fired for medical marijuana use, even when the employee has a serious medical condition and only uses marijuana during nonworking hours. (To learn about the rules in your state, see our chart on state laws on off-duty marijuana use.)

You might be thinking, what about the Americans With Disabilities Act, which prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations to them? Your glaucoma might qualify as a disability under the ADA, depending on whether it substantially limits a major life activity. However, while the ADA does require employers to accommodate an employee's use of legal prescription drugs for a disability, it does not protect illegal drug use. Because marijuana is still illegal under federal law for any purpose, it generally isn't treated as legal drug use under the ADA or similar state laws. However, a few states have passed laws requiring employers to reasonably accommodate medical marijuana use.

You might also want to consider whether it's legal for your employer to drug test you in the first place. While employers have a lot of freedom to drug test job applicants, the same is not always true of internal candidates for promotion. Some states restrict drug testing of current employees except in limited situations. To learn more, select your state from our testing at work page.

Get Professional Help
Talk to an Employment Rights attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you