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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39160
Experience:  Retired (mostly)
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Would getting an mmj card affect my business or specifically

Customer Question

Would getting an mmj card affect my business or specifically my commercial business insurance?
JA: Have you documented this or discussed it with HR?
Customer: It is my business.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what, if any repercussions I might be subject to as an employer if I get an mmj card.
Submitted: 2 months ago.
Category: Employment Law
Expert:  socrateaser replied 2 months ago.

Hello,

Because medical marijuana remains illegal under federal law, an employer can terminate any employee who uses marijuana, even if the employee is authorized to do so under state law. Consequently, while you can get the MMJ card, you cannot avoid the possibility of losing your job, if you are screened by your employer for drugs, or if you are otherwise discovered using marijuana for medical purposes.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer: replied 2 months ago.
You have not answered my question. Please do not Bill my Visa or I will definitely dispute it. However, I will gladly pay it if you do answer my question.
Expert:  socrateaser replied 2 months ago.

Sorry, when I read your question and you stated, "It is my business," I thought you were stating to the system that "It's none of your business!" In other words, you didn't want to answer the question, because you considered the issue confidential. Now I realize that you were stating that it actually is your business -- i.e., you're the owner.

With that in mind, there's no effect on your business, beyond the fact that if the U.S. Attorney is instructed by the Trump administration to start enforcing federal marijuana laws again, you could find yourself being prosecuted as an individual for possession of a controlled substance.

As for the effect on your commercial insurance policy, that's something you would have to discuss with the insurance underwriters. As I'm sure you're aware, insurers bend over backwards to avoid actually paying claims. And if there is anything in the policy that states something like, "Illegal conduct is not within the scope of the policy," then your insurer could decline to pay any claim based upon your being proved to be under the influence of a controlled substance.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Expert:  socrateaser replied 2 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!