What if you were offered a killer job and the only thing standing between you and that job is the employer’s insistence that you be drug tested before starting work for the company. While you may not engage in illegal drugs, you do smoke medical marijuana on a regular basis and further, the medical marijuana you smoke was prescribed to you by a licensed medical doctor for a physical ailment your doctor believes medical marijuana will provide relief.
Existing Employees – Medical Marijuana Properly Prescribed
The issue presents a troubling dilemma. Under most states, an employer may not unlawfully discriminate against existing employees or prospective employees based on their medical condition. Should a job seeker however test positive for marijuana, the job seeker could be legally denied employment irrespective of the fact the marijuana may have been legally prescribed for a legitiamate medical condition.
Medical Marijuana Activists Committed To Changing The Law
While most employers within and outside the state of California consider employee drug testing, credit checks and reference screening to be an essential and legitimate right of an employer, medical marijuana advocates claim this is unfair and unlawful. Either way, if you are an employee facing a drug-screening test and you still use medical marijuana, you need to be informed of your options.
As of 2016, there are twenty six states (and growing) that legally permit the use and safe access to medical marijuana. Three more states are currently considering legalization. Each of these states have legislated their medical marijuana laws slightly differently but all of them share common characteristics.
Most of the twenty-six states require a current written medical recommendation for the use of medical marijuana by a licensed medical provider. The provider must have examined the patient and concluded with some degree of medical certainty the patient would medically benefit from its use. California law, for example, provides, for the voluntary registration of qualified medical marijuana patients and their primary caregivers through a statewide medical marijuana identification card system.
Detectable Time Of Marijuana Use
Most experts agree that the detectable time range for the presence of marijuana can be anywhere between seven to thirty days after it’s use. Moreover, detection time does not mean that all of the marijuana has been fully metabolized by the body, but rather, the presence of marijuana at the time of the testing period can no longer be medically detected in your urine.
Finally, if you are one of those people thinking of objecting to submitting to a drug test, and you think it will cost you the loss of a valuable job opportunity, many people in this situation have chosen not to take the risk and instead stop their use of medical marijuana in favor of securing employment.