Can Employees Be Fired for Medical Marijuana Use? What You Need to Know
In recent years, medical marijuana has gained wider acceptance as a treatment option for various health conditions. Many states have enacted laws allowing patients to use cannabis with a physician’s recommendation. Yet, when it comes to the workplace, the rules remain complicated and, in many cases, unfavorable to the employee. Despite legalization at the state level, using medical marijuana—even with a valid prescription—can still put workers at risk of termination.
Important Note: The following information is provided for general educational purposes and does not constitute legal advice. Our firm does not take these types of cases, but we hope this overview will help the general public understand the current landscape. If you need specific legal guidance, please consult an attorney who specializes in employment law.
The Ongoing Conflict Between State and Federal Law
One major source of confusion is that marijuana remains illegal under federal law, even as multiple states permit its medical use. This federal prohibition means that employers are generally free to maintain a drug-free workplace and enforce policies prohibiting the use of marijuana—medical or otherwise.
Certain industries, especially those subject to federal regulations—such as transportation, aviation, and government contracting—are particularly strict. Employees in these fields may face zero-tolerance policies, regardless of state laws allowing medical cannabis.
Drug-Free Workplace Policies and ‘At-Will’ Employment
Many American workers are employed “at will,” which means employers can typically terminate employment for any lawful reason, or even no reason, as long as it’s not discriminatory. If an employer’s written policy forbids the use of marijuana, testing positive could be grounds for firing, even if the employee holds a valid medical marijuana card.
Employees should review their company’s drug-free workplace policies and, if possible, clarify the employer’s stance on medical marijuana use before beginning treatment.
The State-Law Patchwork
Different states have different rules related to workplace protections for medical marijuana users. Some states explicitly protect employees with medical marijuana cards, preventing termination solely for lawful use outside of work hours. Others provide no such protections. For this reason, the state you work in makes a significant difference:
- States with Employee Protections: Certain states, such as Arizona, Rhode Island, and New York, have laws that prohibit employers from firing a worker solely for being a registered medical marijuana patient. However, even in these states, employees can still face termination if they use marijuana at work or come to work impaired.
- States Without Specific Protections: In states lacking clear employee protections, it’s generally permissible for employers to maintain zero-tolerance policies. Workers can be let go if they fail a drug test or admit to using marijuana, even if it’s for a legitimate medical reason.
What About Oregon?
Oregon was among the early states to legalize medical marijuana, and it has since embraced widespread legalization for adult use. However, the state’s progressive stance on cannabis doesn’t necessarily translate into strong workplace protections for employees who use it—even for valid medical reasons.
Can Employees Be Fired for Medical Marijuana Use in Oregon?
Yes, employees in Oregon can still be terminated for using medical marijuana. While the state allows the possession and use of medical and recreational cannabis, Oregon law does not require employers to accommodate such use. In fact, a 2010 ruling by the Oregon Supreme Court confirmed that employers have no legal obligation to accommodate an employee’s medical marijuana use, even if it is off-duty and off-site. As a result, companies are generally free to maintain zero-tolerance drug policies and take disciplinary action, including termination, if an employee tests positive for marijuana.
Note: WE DO NOT HANDLE THESE TYPES OF CASES
Federal Contractors and Safety-Sensitive Positions
Some employers are bound by federal regulations to prohibit marijuana use. For instance, federal contractors must comply with the Drug-Free Workplace Act, and safety-sensitive positions often have stricter testing protocols. Employees in these roles are less likely to have any form of workplace protection for medical marijuana use. The nature of the job and applicable federal regulations can override more lenient state-level policies.
What Can Employees Do?
If you’re using medical marijuana or considering it, here are a few steps you might take:
- Know Your State’s Laws: Research the specific employment protections your state offers to medical marijuana patients. The landscape is constantly evolving, so staying informed is crucial.
- Review Employer Policies: Check your employee handbook or company policies on drug testing and marijuana use. Understanding the rules can help you make informed choices.
- Consult an Employment Attorney: If you believe you have been unfairly terminated or discriminated against due to medical marijuana use, reach out to an employment lawyer who is well-versed in state-specific regulations and potential legal remedies.
Moving Forward
As the legal status of medical marijuana continues to evolve, so too may its treatment in the workplace. Legislation, court decisions, and shifting public attitudes are all contributing to ongoing changes in this area of the law. For now, though, many employees remain at risk of losing their jobs—even if they’re following a doctor’s orders.
Disclaimer: This blog post is intended as a general overview of current issues related to medical marijuana and employment law. Our firm does not handle employment law matters. For personalized guidance, please seek out a qualified employment attorney in your jurisdiction.
Many states including Oregon have rulings allowing the termination of employment for cannabis use. An example is the Colorado Supreme Court ruling that employees could be fired for using marijuana off the clock. In the matter before the court, a quadriplegic was fired from his job at Dish Network due to failing a drug test. The plaintiff argued that he had a medical marijuana card and, because he was legally allowed to use the drug in Colorado, could not be fired for legal behavior off the clock. In a unanimous opinion, the court disagreed with the “legality” of medical marijuana and ruled that the employee could be terminated. Users of marijuana should be mindful that they could be terminated for this activity.
Johnson Law, P.C. does not handle employment law cases, if you need help with an employment law case look into your local bar association referral service to find an attorney.
