Can you be fired for marijuana use if you have a medical marijuana card?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you be fired for marijuana use if you have a medical marijuana card?

I work from home in FL and am in the process of getting a medical marijuana card. I work for a company that is based in UT but I technically work out of the FL office. Can I be fired if I test positive for marijuana and am a medical card holder?

Asked on November 20, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can be fired for either or both of:
1) Having marijuana at work: a company can terminate people for even 100% legal intoxicants (e.g. alcohol) at work, and marijuana is not 100% legal, since it is still an illegal drug under federal law, and a company does not have to tolerate criminal actions or illegal substances at work. (This is a major problem with this nation's policies vis-a-vis both medical and recreational marijuana: no matter what a state does, until and unless federal law is changed, marijuana will remain an illegal drug.)
2) Being impaired at work--anyone impaired at work for any reason may be terminated, since companies don't have to accept the loss of productivity and liability risks that come with impairments.
So having a marijuana card and using marijuana away from work will not get you fired so long as you are not under its influence at work.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption