Medical Cannabis Employment Protections for Patients

Millions of patients across the country get relief from cannabis use every day. Patients come from all walks of life, including many who work everyday jobs to support themselves and their families. Because of this, many patients might wonder if their use of medical cannabis can affect their employment or if they can get fired for using cannabis medicinally.

Nearly two dozen states have implemented medical cannabis employment protections to shield patients from workplace discrimination. In most of these states, patients who use medical cannabis off the job and are not impaired at work are generally protected from being disciplined, even if they test positive for cannabis in a drug test.

States That Offer Medical Cannabis Employment Protections to Patients

Of the 38 states that have legalized medical cannabis, 22 - plus Washington, D.C. and Puerto Rico - have employment discrimination protections for medical cannabis patients. These states are:

• Arizona
• Arkansas
• Connecticut
• Delaware
• Illinois
• Louisiana
• Maine
• Massachusetts
• Minnesota
• Missouri
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• Utah
• Virginia
• West Virginia

Additionally, California, Connecticut, Nevada, New Jersey, New York, Minnesota, Montana, Rhode Island, and Washington offer similar protections for adults who use recreational cannabis while off the job.

The employment protections available to medical cannabis patients can vary from state to state. It is always best to check the cannabis regulations in your state to see what protections exist in your area.

Employment Protections for Medical Cannabis Patients

Protections for medical cannabis patients vary from state to state. Most states ban discrimination based on an employee's or job applicant’s status as a patient. Under these protections, employers are prohibited from firing, disciplining, or refusing to hire a person solely because they are medical cannabis patients.

Many states also prohibit employers from taking action against a medical cannabis patient based on the positive results of a drug test. Most drug tests only reveal the presence of THC metabolites, which can stay in the system for weeks or even months after the last use. Drug tests are unsuitable for determining if a worker is currently impaired by cannabis.

Some states also have laws that require employers to make reasonable accommodations for workers who are medical cannabis patients, similar to requirements for employees with disabilities. Such accommodations can include modified work schedules, adjusted work duties, or designated break areas for medication use. However, employers are generally not required to make accommodations that pose an undue hardship. 

Most states that have laws protecting medical cannabis patients from employment discrimination also have several exceptions to this policy. Additionally, many occupations are exempt from these protections. Safety-sensitive jobs, such as nurses or doctors, are generally not protected. Occupations subject to federal regulation, such as truck drivers and national security-related positions, are also usually exempt from state employment protections.

Can Your Employer Fire You For Using Medically Prescribed Cannabis?

All states that have policies to protect medical cannabis patients from discrimination only offer protection for off-duty cannabis use. Employees who use cannabis on the job or are impaired at work are not protected. Depending on the employer’s policy, workers who are impaired on the job or use or possess medical cannabis at the workplace can be subject to disciplinary action, including termination.

Workers whose occupations require them to carry a firearm can also lose their jobs if they are medical cannabis patients. Under federal law, it is illegal for cannabis users to purchase or own a firearm, even when a physician recommends the use of medical cannabis.

In states where medical cannabis patients are not protected from employment discrimination, the ramifications vary per the employers’ cannabis use policy.

Is Medical Cannabis Protected by the ADA?

Unlike people who use prescription medications, medical cannabis patients are not protected by the Americans with Disabilities Act (ADA). Because cannabis is still federally illegal, courts have ruled that the ADA does not apply to medical cannabis patients. However, state employment protections apply in many states that have legalized the medical use of cannabis.

Navigating the Workplace As a Medical Cannabis Patient

People who use medical cannabis can help protect themselves by being careful about when they consume and how they share their patient status. While it may help to talk to your employer about your medical use, it may not be advisable to share your status as a patient with co-workers unless necessary. Patients should also be careful not to show up for work under the influence of cannabis and to keep their medicine stored safely at home.

Patients who know when they will be drug tested (when applying for a job, for example) 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.

Medical cannabis patients can also search for employers that don't test for cannabis. Many companies do not drug test their employees or job applicants. This often includes careers in the tech and service industries. Additionally, working as an independent contractor or freelancer usually gives the flexibility to work at home and use cannabis as needed.

Medical cannabis patients who are looking for employment can avoid future problems by asking prospective employers about their cannabis use and drug testing policies. Some employers are quite willing to accommodate medical cannabis patients, and many companies no longer test for cannabis use as a condition of employment.

If you aren't comfortable asking a potential employer about their drug testing policy, sites like Job Leaf comb through company policies posted online to shed light on who is and isn't drug testing.

Keeping a good job may seem like a difficult proposition for many medical cannabis patients, particularly in states that do not have employment protections for medical cannabis users in place. However, with a bit of planning and open communication, many patients find they can successfully use medical cannabis while maintaining gainful employment.

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.