Is this legal?
UPDATED: Sep 30, 2022
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Is this legal?
I have been offered a part time job at Super
America as a night shift Sales Associate –
contingent to background check and drug
I am in the state of Minnesota Cannabis
Registry as of 10/19/2016. I mentioned this at
my interview and was told he ‘didn’t need to
know about illnesses or medication.
The drug testing company called today and
said I was positive for cannabis. Again, I
explained I’m registered in the cannabis
program. Was told ‘we only do the tests’.
I just received an email from Super America
Human Resources that the job offer has been
Asked on January 12, 2017 under Employment Labor Law, Minnesota
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, it is legal. Employment in this country is "employment at will." Among other things, that means an employer may refuse to hire someone for any reason not specifically prohibited by law, such as racial, religious, or gender-based discrimination. But no law prohibits refusing to hire someone due to medical marijuana usage, so they can choose to not hire you for this reason--especially since marijuana is still illegal under federal law and its use is still a federal crime.
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