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A medical marijuana card is an identification card. They are issued in a state or country where medical cannabis is recognized. It is only issued to patients who have been diagnosed with a qualified medical condition. They must also have been approved by a licensed doctor.
The question is – can you, the employer, subject medical marijuana card holders to a drug test. Regardless, whether they’re job applicants or current employees? Can you reject an applicant or fire an employee if and when they test positive for marijuana?
Medical Marijuana Card: What Employers Need to Know
Currently, the laws that surround the possession of the medical marijuana card are confusing for both employees and employers.
Generally, any employee or applicant can be drug tested by an employer. This includes medical marijuana card holders. If a test turns out positive, the employer can reject an applicant or fire a current employee. This is to ensure safety and improve productivity in the workplace.
However, there’s a shift regarding the legal use of medical marijuana. It’s is very important for employers to check the laws that govern its use in their specific state.*
Check out our THC (Marijuana) Tests here.
In Arizona, for example, employers cannot fire employees on the basis of a positive drug test alone. Employers must present proof that the employee acted in an impaired manner while on duty. Otherwise, they can run the risk of being sued by their employees, as in the case of Whitmire v. Wal-Mart Stores Inc., 2019 WL 479842 (D. Ariz. Feb. 7, 2019).
Even a job applicant who holds a medical marijuana card can file a discrimination case against an employer if he or she was rejected based on a positive drug test alone. Case in point: Noffsinger v. SSC Niantic Operating Co. LLC , 273 F. Supp. 3d 326 (D. 2 Conn. 2017).
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Can an Employee Refuse a Drug Test?
If you have a transportation or construction company, an employee cannot refuse a drug test. Because this is tantamount to getting a positive drug test result. In these industries, lives and properties can be compromised. Therefore, the immediate removal of the concerned employee is necessary. Even if he or she has a medical marijuana card.
Otherwise, an employee can refuse. Currently, there are no laws that require employees to take a drug test. But this doesn’t mean that thir refusal does not come with repercussions. An employer can fire an employee if he can prove that the use of marijuana is a threat to the safety of other workers. As well as, if it is affecting the company’s bottom line due to impaired behavior.
Whether an employee has a medical marijuana card or not, it is in your best interest to check out both state and federal medical marijuana laws. Be aware on how to safely and legally drug test your employees so you won’t need to face costly litigation later on.
If you need drug testing cups for your business, only purchase from reputable vendors that have a proven track record for selling CLIA-waived, FDA-approved products.
Conclusion
Navigating medical marijuana cards and workplace drug testing is complex due to conflicting state and federal laws. While some states protect employees with medical cards, safety-sensitive and federally regulated jobs maintain strict no-THC policies.
FAQs
1. Can employers drug test medical marijuana cardholders?
Yes, employers can still require drug testing, even for employees with medical marijuana cards. However, some states protect cardholders from discrimination based solely on a positive THC test.
2. Can an employer fire someone for testing positive for marijuana with a medical card?
It depends on state laws:
- Some states (e.g., Arizona, Connecticut) prohibit firing employees solely for a positive test unless impairment is proven.
- Other states (e.g., Texas, Nebraska) allow termination regardless of medical card status.
3. Do federal laws override state medical marijuana protections?
Yes, federal law (which still classifies marijuana as illegal) can apply to DOT, federal contractors, and safety-sensitive jobs, meaning employers in these fields can enforce zero-tolerance policies.
4. Can a job applicant sue for discrimination if rejected for testing positive?
In some states (e.g., Connecticut, New York), applicants with medical cards may sue if denied employment only for a positive THC test without proof of impairment.
5. Can employees refuse a drug test?
- Safety-sensitive jobs (DOT, construction, healthcare): Refusal = automatic termination.
- Non-regulated jobs: Employees can refuse, but employers may still take disciplinary action if permitted by state law.
6. Does a medical marijuana card protect employees at work?
No, most states do not require employers to accommodate on-the-job marijuana use, even with a card.
7. Can employers test for impairment (not just THC presence)?
Currently, no reliable test measures real-time impairment from marijuana (unlike alcohol breathalyzers). Employers must rely on behavioral observations or performance issues to prove impairment.
8. What if an employee uses CBD oil? Could they fail a drug test?
Yes, some CBD products contain trace THC, which may trigger a positive result. Employees should disclose CBD use beforehand.
9. Are there industries where medical marijuana is always banned?
Yes, DOT-regulated jobs (trucking, aviation, railroads), federal jobs, and safety-sensitive roles enforce strict no-THC policies, even for medical cardholders.
10. How can employers stay compliant with medical marijuana laws?
- Check state laws (e.g., AZ, CT, NY protect cardholders).
- Update drug policies to clarify THC rules.
- Use SAMHSA-compliant tests (like Ovus Medical’s THC drug test cups).
