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Medical Marijuana Laws

What is medical marijuana?

It is the legalized drug that doctors can now prescribe to help patients with their pain management. When an employee gets a prescription for medical marijuana, they may have questions and concerns about their rights when using medical marijuana. Asking an Expert is a good way of getting clarity about any questions you may have concerning laws on medical marijuana.

In the state of California, if a teacher has a medical marijuana card, can he/she be fired for using the drug if they fail a drug test under a zero tolerance drug policy?

In the state of California, if the teacher tests positive on their drug test and the school has a zero drug policy, then they can and might lose his/her job under said policy. Medical marijuana is not legal federally; therefore regardless of having a card for it, he/she can still lose their job.

If an employee in Colorado has a prescription for medical marijuana, can he/she be fired if they fail a drug test?

Although there is a statute in Colorado that protects the employee from not getting in trouble for what they do when off of work, this has not been used in regards to medical marijuana. The employer may still fire him/her for testing positive for the medical marijuana.

In the state of California, can an employee be denied unemployment insurance if he/she has been given a prescription for medical marijuana?

In the state of California, an employee is entitled to the unemployment insurance if he/she meets all the requirements to receive the benefits. Just because the employee has a prescription for the medical marijuana dose not automatically disqualify him/her from the benefits they are entitled to.

Does an employer have a legal basis to fire an employee if they have a prescription for medical marijuana and fail a drug test with a zero drug policy?

If the employee tests positive under an employer’s zero tolerance drug policy, then the employer has the right and legal grounds to fire the employee for failing the drug test.

In the state of California, how can a employee best fight for their unemployment benefits if he/she was fired for a positive drug test?

If the employee has a medical marijuana card then they can appeal the negative decision from the unemployment. The employee can send a letter to the address on the envelope that his/her denial letter came in. The following link will give the employee further information regarding how to file the appeal. www.edd.ca.gov/unemployment/FAQ. The employee can also visit www.cuiab.ca.gov to help better prepare for the hearing that they will have to go through.

Although medical marijuana is legal in some states, it has not been federally for all states. This in fact can present problems for employees as well as their employers and can cause questions or concerns regarding rights and the legality of the use of medical marijuana. Asking an Expert is a fast and affordable way to get answers to your questions about the rights of employees and employers in about medical marijuana.
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