If marijuana use is legal in your state, or if you have a legal prescription for medical marijuana, are you safe from being fired? The short answer is no. Worse, if you work for a legal marijuana dispensary, you can still be convicted of a crime for doing your job.
Why? There are two big reasons legal marijuana use can get you fired:
- Federal law: Marijuana use is still illegal under federal law. Although the feds are slowly backing off enforcement of some laws that targeted marijuana sales and marijuana use, people are still getting prosecuted. Federal employment laws haven’t caught up with state laws, even for medical marijuana use. If you have a disability that is protected under the Americans With Disabilities Act, right now that law doesn’t protect you.
- Drug testing: The Washington Supreme Court ruled that their state law doesn’t keep employers from drug testing employees and firing them for positive results. Same with a case in Michigan against Wal-Mart. Colorado followed suit. Employers can fire you for testing positive for marijuana use even in states where it is legal, and even if you need the marijuana for a disability.