your own time
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your own time
How can you employer tell you what you can
and can not do on your own time smoking pot
I smoke for medical and they found out now
they are going to fire me
Asked on February 1, 2019 under Employment Labor Law, Alaska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
They cannot terminate you for having a prescription for using medical marijuana or for using it purely off-duty/off-site (with two important exceptions, below). However, you can be terminated for possessing marijuana, even medical marijuana, at work (since it is still an illegal substance under federal law), or if you are in any way impaired at work due to marijuana (the same way an employee can be fired for being drunk or badly hung-over and impaired at work, even if he/she drank on his/her own time), or for using marijuana at work.
And if the employer receives any federal funds or has any federal contracts, since again, marijuana is illegal under federal law, they could terminate you for any use of medical marijuana, even if you don't bring it to work and are not impaired at work--they can't have employees who would test positive for it.
In addition, there are some jobs where you can't use any intoxicating substance, even medicinally, which would include medical marijuana or prescription pain killers, like pilot, certain jobs with CDLs, certain heavy equipment operators, etc. Here, too, you could be terminated for using medical marijuana, even on your own time.
But if you don't believe that your situation falls under one of the situations described above where you could be terminated, if you are fired, contact your state's department of labor or equal/civil rights agency.