Can an employee of the city have a medical cannabis card

UPDATED: Oct 24, 2019

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Can an employee of the city have a medical cannabis card

If I were injured on the job could I be
terminated for having a medical card

Asked on October 24, 2019 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you may have the card, but since cannabis is still an illegal drug under federal law--federal law does not recognize the medical marijuana exception--if you use or possess it at work, you would be violating federal law (committing a crime) and could be termianted for that reason. Or if you are impaired in any way to or to any agree at work, you could be terminated for that. Or if your job involves any contracts that the city has with the federal government, or any funds provided by the federal government, even offsite possession would justify termination, since someone dealing with federal funds or federal contracts cannot violate federal law. in short, due to the fact that it is still illegallly federally, you are advised to not have or use medical marijuana in this job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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