Can you lose your job if you use marijuana?
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Can you lose your job if you use marijuana?

An increasing number of U.S. states have legalized the use of marijuana for medical purposes over the past several years. These steps present a complex legal issue. The federal government still outlaws the distribution of marijuana. Also, some employers require drug tests as a condition of employment. Some states have taken steps to protect workers, but it may take some digging to find out if that applies to you.

Buses and vans wrapped with images of marijuana leaves are a common sight nowadays in New York City. You’re bound to see one or two every day — especially in Midtown Manhattan. The vehicles are often mobile dispensaries that sell marijuana products. A few brick-and-mortar dispensaries have popped up around the city as well. These businesses are the result of the state of New York largely legalizing recreational marijuana for adults in 2021.

The legal landscape regarding the use of marijuana in New York and throughout the United States is very complex. For example, many of the dispensaries operating in New York are doing so with creative business practices or without consent from the state. Then there is the matter of the federal government still considering marijuana a controlled substance.

The patchwork legal landscape surrounding marijuana in the U.S. can cause some headaches for job seekers and workers if they’re not careful. While their use have decreased over the years, many jobs still require drug tests. It can be difficult to know if a positive marijuana result may cause you to miss out on opportunities.

Recent data show that these drug tests are coming back positive for marijuana use more often than before. The 2022 Quest Diagnostics Drug Testing Index found that all of the industries it looked at in the U.S. saw increases in positivity for marijuana from 2020-2021. Of those industries, 15 saw double-digit increases in marijuana positivity. The positivity rate for marijuana has at least doubled over the past five years in six of the industries.

(A quick note on the wording of this article: The terminology in this area is complex. I’m using the word marijuana throughout this article to make things as simple as possible. However, you should also be familiar with the term THC, or tetrahydrocannabinol. THC is the actual compound in the plant that produces a “high” and is what is typically looked for during testing. Additionally, THC is different than CBD, or cannabidiol, which does not produce a high. Research suggests some CBD products can lead people to test positive for THC.)

Drug tests and marijuana legalization

Marijuana remains a controlled substance at the federal level, according to the National Conference of State Legislatures (NCSL). However, states have largely been able to enact their own laws regarding its use without much interference from the U.S. government.

The NCSL, which keeps a list of state actions on various issues, says 37 U.S. states — along with four of its territories and the District of Columbia — allow marijuana use for medical purposes as of February 3, 2022. Similarly, 18 states — along with two territories and the District of Columbia — allow all adults to use marijuana as of November 29, 2021.

You may be asked to take a drug test before or during employment at a federal agency, an employer working with the U.S. government or within a regulated industry. What is considered an illicit drug in those cases is decided by federal law. Testing positive for marijuana use can cost you a job as a result.

“Legal use of marijuana by [the] state does not supersede federal restrictions,” wrote Danny Dana-Le, who is an assistant community manager. “So public sector employees need to be mindful that their protections are less significant than in the private sector.”

If you’re applying for a job or you already have one outside of the government, you may have some protections against losing an opportunity or work based on marijuana use. However, it depends on several factors.

Several states that have legalized the use of marijuana have also passed protections for workers who use it. The Pew Charitable Trusts reports that 14 states and the District of Columbia ban discrimination of employees who use medical marijuana, New York and New Jersey ban discrimination for those who use it for medical or recreational reasons, and employers in Nevada can’t use a positive marijuana test as a reason to refuse employment. The report notes that many of these protections come with exceptions, however.

Making things even more complicated are local governments that enact their own laws and regulations about marijuana testing.

The complexity of this legal landscape and the tight labor market have led some companies to voluntarily do away with tests for marijuana use, according to Bloomberg Law. For example, Amazon announced in June 2021 that they would do away with marijuana testing for unregulated positions.

What should you do if you’re concerned about drug testing?

You are still likely scratching your head after that summary. I don’t blame you. Unless you’ve done some serious homework, it’s still difficult to know whether using marijuana products can jeopardize your job or potential opportunities.

To find out what’s right for you, I reached out to HR and labor law experts on LinkedIn for guidance. While I can’t feature all of their suggestions, you can read them by clicking here.

“I think one of the smartest things either an applicant or a current employee can ask about the testing is what is being tested for and why are they testing for it,” wrote Sabrina Greenwood-Briggs, who is a human resources consultant.

Human resources recruiting specialist Anais Duenas wrote that job applicants should feel free to ask about testing. “HR management where I have worked has never stated that we cannot let employees know that we test for marijuana,” she added. “Job seekers should understand that just because cannabis is legal in their state does not mean that a company will not test for that substance.”

The bottom line is that the intersection of drug testing and marijuana use is incredibly complicated. If you’re confused about how it may affect you during the hiring process or even while employed, it’s best to ask the employer about their testing requirements. In addition to telling you whether drug testing is part of the hiring or employment process, employers should also be able to tell you what substances they will be testing for during the process.

What has been your experience with workplace and pre-employment drug tests? Tell us in the comments below.

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By Gianna Prudente, associate news editor for job searches and careers:

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I love 😍 my job 

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Tom Kellum

CareerKeysMan@gmail.com

11mo

No one in the history of the known universe has ever died from marijuana use, but hundreds of thousands have died from alcohol use.

Tom Kellum

CareerKeysMan@gmail.com

11mo

You can lose your job for ANY reason - or for NO reason.

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