What are my rights if I failed a drug test due to cannabis but cannabis is legal?
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What are my rights if I failed a drug test due to cannabis but cannabis is legal?
I’m a 20 year employee. My company was bought out and my new employer required drug
test which I failed.
Asked on May 14, 2019 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If it is medical marijuana (you have a medical marijuana card or presciption), they cannot fire you for testing positive, but could fire you for being high or under the the influence at work, or bringing it to work. That is because they must make a "reasonable accommodation" to your medical needs (so can't fire you just for failing the test), but are not required to let any employee be intoxicated (by any substance, even legal ones, like alcohol) at work, or for bringing an intoxicating substance (and one which, in the case of marijuana is still illegal under federal law) to work.
If it's not medical marijiuana but recreational usage, then you can be fired (or anything short of firing, like suspension) for failing the drug test: even though recreational use is legal in MA, employers have wide discretion to terminate employees for a variety of legal actions (e.g. they could fire anyone who gets a tatoo; anyone who works a second job or drives for Uber or Lyft; anyone who watches "Game of Thrones"; etc.). Employers set the rules for work so long as those rules don't violate the law, and there is no law restricting the ability to discripline or terminate employees for recretional marijuana use.
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