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Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I was told by all of my docs that I should remain on medical

Customer Question

I was told by all of my docs that I should remain on medical marijuana. I have had chronic pain for over 20 years and that was the only thing that helped my pain enough to get off of the oxycontin and morphine over 14 years ago. I was approved for the MM card in AZ. I was recently drug tested by the company that I work for and disclosed that I had the card. I was called by human resources after my testing was disclosed to them and they are telling me they do not recognize the MM card for AZ and if I test positive again I will lose my job. I also have to complete an employee program for drug addiction. I have been there for over 10 years with no disciplinary actions and I have always gotten great reviews. I was tested about 8 years ago but at that time I also took pill form of THC, Marinol and was never questioned even though I also smoked MM. I was told this time, even if I take Marinol and test positive, they will do further testing to determine if it is the synthetic (Marinol) versus natural. As a card holder for a medical issue, are they alowed to dismiss the fact that I have the card? Do I have any rights in regard to this disability and my use of Medical Marijuana? Thank you in advance.
Submitted: 2 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 2 years ago.

the answer from the Arizona DHS website:

  • An employer can’t penalize a qualifying patient for a positive drug test for marijuana, unless the patient used, possessed, or was impaired by marijuana on the employment premises or during hours of employment.
Expert:  WALLSTREETFIGHTER replied 2 years ago.

also you may be able to file an EEOC disability discrimination complaint, if they terminate you for the use

Expert:  WALLSTREETFIGHTER replied 2 years ago.

The ADA requires employers to provide reasonable accommodation for qualified employees with a disability, so if you have such a disability a request should be made for the legal use as well.