Can You Get a Government Job With a Medical Card?

Careers with government agencies often have great benefits and job security. This makes many positions in the public sector desirable options for job seekers. Cannabis patients are no different, but some may wonder if having a medical card makes them ineligible for a government job.

Workers in some jobs with government agencies are indeed subject to frequent drug screenings, making them impractical for individuals who regularly use medical cannabis. But other government jobs have less stringent requirements that do not subject workers to drug tests, making them good options for medical cannabis patients.

Can Employers Check To See If an Applicant Has a Medical Cannabis Card?

Applying for a job requires applicants to submit a wealth of personal information. However, an applicant can opt not to reveal their status as a medical cannabis patient unless that information is specifically requested for legitimate reasons. State medical cannabis databases are not open to employers, including government agencies. 

Many government positions require candidates to undergo a background investigation before employment, leading many cannabis patients to wonder if their medical cards will appear on a background check. 

Under the federal Health Insurance Portability and Accountability Act (HIPAA), medical information is protected from disclosure without a patient’s consent. States tend to respect the right to medical privacy in cannabis regulations, so this information is unlikely to appear on a background check. However, regulations vary by state, and in some cases law enforcement can acquire this data, so be sure to check your state's regulations.

Additionally, many states that have legalized medical cannabis have enacted employment protections for patients. In most cases, these policies protect both employees and job applicants who are medical cannabis patients from discrimination in the workplace.

Under these protections, employers cannot fire, discipline, deny promotions, or refuse to hire someone based on their status as a medical cannabis patient. Employees are also protected from adverse action based on the results of a positive drug test for cannabis.

Patients should understand that these anti-discrimination policies do not permit employees to be under the influence while on the job or to use or possess cannabis at the workplace.  Workers who are determined to be impaired at work can be fired or disciplined by the employer’s drug use policy.

Do Government Jobs Require Drug Tests?

In most cases, positions with local, state, and federal government agencies require drug testing of all applicants. Employees are often also required to submit to random drug testing after they are hired. 

In states with employment protections for medical cannabis patients, positions with city, county, and state government agencies are often covered by these policies. However, law enforcement and safety-sensitive jobs are usually excluded from these protections, making workers in these positions subject to workplace drug screenings for cannabis and other drugs.

Patients who know they will be drug tested when applying for a job can protect themselves from a positive result by taking a tolerance break of several weeks. This will give THC metabolites time to flush from the system before taking the test.

Can Medical Card Holders Get a Federal Government Job?

Patients should note that state employment protections do not apply to positions with the federal government. Employees who test positive for cannabis, even those who are registered medical cannabis patients, can be fired or disciplined from certain federal jobs. Similarly, job applicants who are registered patients can be denied federal employment based on the positive results of a drug test for cannabis.

This is not to say that medical cannabis patients cannot get jobs with the federal government. As long as they pass pre-employment drug screening and are otherwise qualified for the position, medical cannabis cardholders can be successfully hired by federal government agencies. However, some positions also require random drug tests as a condition of continued employment. Workers who fail to pass such screenings are subject to termination or other disciplinary action.

Are Cannabis Patients Eligible for State Government Jobs?

Jobs in many state governments are open to patients with medical cannabis cards. In many cases, applicants will be required to pass a drug screening for cannabis and other drugs. As long as the pre-employment drug test is passed, medical cannabis patients can be hired for positions with the state government.

Some state government jobs also require random drug tests for employees. In states that do not have employment protections for medical cannabis patients, failing a random drug screening can lead to termination or other consequences, even for registered patients.

Are Local Government Jobs Open to Medical Cannabis Patients?

Many cannabis patients apply for jobs at local government agencies, including fire departments, school districts, cities, counties, and others. Like other government positions, candidates can be hired if they pass a pre-employment drug screening. 

However, some agencies or positions require random drug testing for continued employment, especially in safety-sensitive positions like firefighters and school teachers. Medical cannabis patients who fail such random screenings can lose their jobs.

Workers in government jobs that require employees to carry firearms, such as police officers, are generally prohibited from using medical cannabis. Under federal law, cannabis users may not own firearms. Despite this, in some states, such as New Jersey, the right of police officers to use cannabis while off duty has been upheld.

Medical Cards and Safety-Sensitive Positions

Some government occupations at the federal, state, and local levels are considered safety-sensitive because substandard performance poses a risk to workers or the public. These jobs can include equipment operators, first responders, healthcare professionals, and transportation workers such as bus drivers, pilots, and railroad workers, among others.

Workers in these types of jobs are often subject to frequent drug screenings because they could pose a danger if they were under the influence of cannabis or other drugs while on the job. Because of this, many medical cannabis patients choose not to pursue employment in safety-sensitive positions.

Job Search Tips for Medical Cannabis Patients

When searching for a government job, there are some steps medical cannabis patients can take to help them succeed. Most government job listings include the position's requirements, including information about required pre-employment or random drug testing. These listings can reveal jobs that will not require ongoing random drug screenings.

Outside of the public sector, many job types and employers do not drug test their workers or applicants. Additionally, sites like Job Leaf search through company policies posted online to determine which employers drug test and which do not. Many cannabis patients find positions free from drug screenings that are best suited to their situation.

Occupations with the federal, state, and local governments often offer good job security and benefits to their workers, making them attractive prospects for many job seekers, including medical cannabis patients. With a bit of preparation and discretion, many patients find they can maintain fulfilling and lucrative careers with government agencies while continuing their medical cannabis regimen.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.